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StanfsrdJ^ 

universitV 
arV" 



THI OIPT OP 



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J-Z5 
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OOVEBNMBNT OF INDIA. 
LEGISLATIVE DEPARTMENT. 



^^^.JuU^ . Lai^^ ^ '^<*' ' '^ '-f-^JM. 



THE 



OTREPEAIED GENERAL ACTS 



OF 



THE GOVERNOR GENERAL IN COUNCIL : 



WITH 



CHBONOLOQICAL TABLE, NOTES AND ANUNDSX. 






««W^ -•.«»rf 



From 1885 to 1890, both inoMsi^ 






• V 4|# «# 



<* * ^ J 



^ -d Id 1* 



■d ^ •* -d ■* -d J 

Vol. V. 
SECOND EDITION. 






• .^ ^ w W 



CALCUTTA : 
OFFICE OF THE SUPERINTENDENT OF GOVERNMENT PRINTING, INDIA. 

1898. 



Prioe, Five Rupees. 
JEnglUh Price, Seven Shillings. 



• « * 

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••••• ••••. 

• • * 

•• • ••••* 

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li 0401 



- -. 



PREFACR 

THIS, the second edition of Volume Y of the General Acts, 
has been compiled on the same lines as the four preced- 
ing volumes. 

As in the case of preceding volumes, the work of revision has 
devolved principally on Mr. John Morison, Barrister-at-Law, 
Personal Assistant to the Secretary to the Government of India 
in this Department. 

H. W. 0. CARNDUFF, 

Deputy Secretary to the Oovernment of India, 

Legislative Department. 

Simla; 
The IBth November, 1898. 



CHRONOLOGICAL TABLE OF THE UNREPEALED 
GENERAL ACTS OE THE GOVERNOR GENERAL IN 
COUNCIL, 1886—1890. 



1885 



1886 



No. 



n 



in 



11 



xit 



XIIl 



XV 



XYIII 



II 



8 



Short title. 



IV 



VI 



VII 



X 



I 



The Kesotiable Inrtru* 
m«itiAct, 1886. 

The Traiuf er of Froperty 
Aot (1882) Amend- 
mBst Aet^ 1886. 

The Excise and Sea Cnfl- 
tonxs Lftw Asiendmeni 
Act, 1885. 



The Indian 6ea Fasten* 
gen Aot^ 1885. 

The Indian Telegraph 
Act, 1886. 

The Load Anihorities 
Loan Aofc (1889) Am- 
endment Act, 1885. 

The Land Acqnintion 
(Mines) Aot, 1885. 

The Indian Income-tax 
Actf 1886. 

The Indian Contraot Aot 
(1872) Amendment 
Aot, 1886. 

The Births, Deaths and 
Marriages iKegistration 
Act, 1886. 



The Indian Begistration 
Act, 1886. 

The Indian Criminal 
Law Amendment Act, 
1886. 



Whether repealed or othenriee 
affected bj lefifiilation. 



1^. in part, Aot XII of 1891. 



Sep. in part, Aot XII *f 

1891 4 
Aot XU of 
1896. 

Bep. in ytat, Aet XII of 
1891. 

Amended, Act XI of 1888. 



Bep.in part, Act XII of 1891 



Bep. in ]^, Aot XII of 1801. 



Riep. in part, Aot II of 1891, 

8.4(^; 
Act XII of 
1891. 
A blended, Aot XVI of 1890; 



Rep. in part, Act XH of 

1891 ; 
Act V of 
1898. 
Virtually amended. Act VII 
of 1894, ss. 6 and 7. 



Pftgt. 



3 



11 



21 



28 



81 



61 



53 



66 



68 



Chronological Tahle, 



UNEEPEALED GENERAL ACTS OF THE GOVERNOR GENERAL 

IN COUNCIL— co«<rf. 



Tear. 



1886 



1887 



No. 



XI 



XII 



8h0Tt title. 



The Indian Tramways 
Aot, 1886. 

The Petioleam Aot, 1886. 



_. 



Whether repealed or otherwiae 
affeoted bj legislatloiu 



XIII 



XVIII 



II 



The Indian Seonrities 
Act, 1886. 

The Indian Lunatic 
Asjlams Act (1858) 
Amendment Act, 1886. 

The Sea Cnstoms Act 
(1878) Amendment 
Act, 1887. 



Bep. in part. Act IX of I8dO. 



Amended, 



III 



VI 



VII 



IX 



XIII 



XIV 



The Indian Evidence 
Act (1872) Amend- 
ment Act, 1887. 

The Indian Oompaniee 
Act (1882) Amendment 
Act, 1887. 

The Salts Valnation Act, 
1887. 

The Provincial Small 
Cause Courts Act, 
1887. 

The Native Passenger 
Ships Act, 1887. 



The Electticitj Act, 
1887. 



The Indian Marine Act, 
1887. 



Act XIV of 

1890; 
Act XII of 

1891; 

Act vn of 

1898. 



Bep. in part, Act XII of 
1891. 

Rep. in part. Act XII of 
1891. 



Bep. in part. Act XII of 

1891; 
Act VIII of 

1894; 
Act XII of 
1896. 
Amended, Act XIII of 

1890, B. 4. 



Bep. in partt Act XII 
1891. 



of 



Bep. in part, Aet X of 1888 ; 
Act XII of 
1691. 

Bep. as to Pilgrim Ships, 
Act XrV of 1896. 



... ••• 



1 



Bep. in part, Act V of 1898. 
Amended, Act XVII of 
1888. 



Pege. 



73 



96 



iia 



lis 



119 



121 



122 



128 



128 



144 



168 



164 



Chronological Table. 



8 



UNREPEALED GENERAL ACTS OF THE GOVERNOR GENERAL 

IN COUNCIL— co«<i. 



1 


1 


s 


4 


s 


T«»r. 


No. 


Bhorfc tiUe. 


Whether xepealed or otherwiae 
aflboted hy leKielstlon. 


Faflre* 


1887 


XVIII 


The Allahabad Uniyer- 
Bity Act> 1887. 




187 


• 


XX 


The Wild Birds Protec- 
tion Act, 1887* 




197 


1888 


I 
II 


The Indian Stamp Act 
USrO) Amendment 
Act, 1888. 

The Petrolenm (Customs* 
daty) Act, 1888. 


Bep. in part, Act VIII of 
1894. 


Not published 
a# it will be 
ehortly repealed 
by the Indian 
Stamp Act now 
under coneider' 
ation, 
198 




III 


The Police Act> 1888. 


Amended, Act XII of 1891. 


199 




IV 


The Indian Beserve 
Forces Act, 1688. 


^ 


201 




V 


The Inventions and 
Designs Act, 1888. 


% 


205 




VI 
Vll 


The Debtors Act. 1888 • 

The Civil Prooednre 
Code Amendment Acti 
1888. 


Rep. in part, Act XII of 

1891. 
Bep. in part and amended. 

Act XII of 1891. 


229 

282 




VIII 


The Indian Tolls Act, 
1888. 


Bep. in part, Act XII of 
1891. 


250 




X 
X[ 


The Presidency Small 
Canse Courts Law 
Amendment Act, 1888. 

The Indian Telegraphs 
(Presidency-towns) Act, 
1888. 


Bep. in part. Act XTT of 

1891. 
S. 2 virtually repealed. Act I 

of 1895, s. 12. 


251 
257 




XVII 


The Indian Marine Act 
(1887) Amendment 
Act, 1888. 




267 


1889 


I 


Metal Tokens Act, 1889 


Bep. in part. Act V of 1898. 


258 




II 


The Measnres of Length 
Act, 1889. 




260 




IV 


The Indian Merchandise 
Marks Act, 1889. 


Bep. in part and amended. 
Act IX of 1891. 


262 



CktBmoUgi^ Table. 



UNEBP3EALiKD fiENERAL ACTS OF TBE QOVEaKOB OENEBAL 

IN COUNClL--<:tf»#rf- 



Tear. 



1889 



1890 



No. 



VI 



VII 



VIII 



3 



Short tHlfl. 



XIII 



The Probate and 
Adminigixatioa Act, 
1889. 

The Suocession Certifi- 
oate Act, 1889. 

The Sea Giutonui Aot 
(1878) Amendment 
Aot, 1889. 

The Indian Ports Act, 
1889. 



Whether repefilod pr otherwiae 
ftffeoWaby legislAtion. 



Pen. in pwti J^ XH of 
1891. 



The Cantonments Aot» 
1889. 



XV 



iEUp. lA jM* Aot VIII of 
1894. 



Pep. in part and amended, 

Act IV of 1896. 
Anmd»a,Ad;Vfffl881; 
Act II of 1894. 
Supplemented, Bengal Aot 

III <i£ 1^07. 

B(B|u in pari Aot XII of 

1896; 
Act V of 
1898. 
IBep. in »aieb And «nHiided, 

Act Xlf of 1891. 
Virtaftlly rap. in park,. Act 

XII of 1894, s. 6. 
Amended, Aot I of 1891, 
fl.ll. 
Aot XV of 1897. 



II 



III 



The Indian Offieial 
Seciets Act, 1889* 



The Indian Lnnatic 
Alliums Ajot (1858) 
Amendment Aot, 1889* 

The Revenne Reooveiy 
Aot, 1890. 

The Probate and Ad- 
ministration Aot, 1890 

■She Indian SfcHHp«hips. 
Law Amendment Aotf 
1890. 



{Up. in pMi Aot X.1I of 
189L 



•••... 



The ;Foint 
flB.M4. 



^1S90, 



{Usp. .W ipairtt A^ X$[ of 
1891. 

9«p. In ipart iAot XIH of 

1891, 8. 8. 
Bep. :in part and junenned, 

Aot XII^ I89L 



PlAgt. 



274 



281 



294 



297 



88IS 



858. 



856 



857 



860 



868 



87$ 



s^ 



wsmm 



i**«Mi 



Chronological Taih, 



S 



UNREPEALED GENERAL ACTS OP THE GOVERNOR GENERAL 

IN COUNCIL— cottcW. 



rj~: 



9 *■ 



Tear. 



1890 



No. 



fihoit title. 



Wliatber repealed or otherwise 
affected bj legialatiou. 



VI 



VIII 



IX 



XI 



The Charitable Endow 
mentB Act, 1890. 

The Guardian and 
Wards Act* 1890. 

The Indian BailwajB 
Act. 1890. 

The Press and Registra- 
tion of Books Act 
(1867) Amendment 
Act, 1890. 

The Prevention of Cru- 
elty to Animals Act, 
1890. 



••' ••• 



••f »«• 



Bep. in part and amended, 
Act IX of 1896. 

Kep. in part, Act XII of 
1691. 



XIII The Excise (Malt 
Liquors) Act, 1890, 
ss. 1 and 9. 



XIV 



XVI 



XVIII 



XIX 



The Petroleum Act 
(1886) Amendment 
Act, 1890. 

The Births, Deaths and 
Marriages Registration 
Act (1886) Amendment 
Act, 1890. 

The Indian Emigration 
Act (1888) Amend- 
ment Act, 1890. 

The Indian Salt Act 
(1882) Amendment 
Act, 1890. 



8 8. 2-5 rep.. Act XII of 

1896. 



1891. 



Rep. In part. Act XII of 
1891. 



Page. 



876 



384 



410 



4.6S 



46S 



468 



469 



47« 



Rep. in part. Act XII of 470 



478 



VOL. ¥• 



THE 



XXVI of 



UNREPEALED GENERAL ACTS 

OP 

THE GOVEMOR GENERAL IN COUNCIL. 



ACT No. II OF 1885.* 

[SOti January, 1885.'] 

An Act to amend the Negotiable Instruments Act, 1881. 

•VFhbkbas it IB expedient to amend the Negotiable Inst rumen ts Act, 1881/ 
TmL' "' in n^annpr bereinafter appearing ; It is hereby enacted as follows ?— 

1. This Act may be called the Negotiable Instruments Act, 1885. ^^^^ ^^^^ 

2. In the fourth paragraph of section 7 of the Negotiable Instruments Amendment 
IXVI of Act, 1881,1 for the words '^ When acceptance is refused and the bill is pro- "^J^^^f^:^^* 
^1- "" tested for non-acceptance" the following shall be substituted, namely.— of 188L 

«' When a bill of exchange has been noted or protested for non-acceptance or 

* 

for better aeoarity". 

3. After seotion 45 of tie same Act the following shall be inserted :— ^^ ^^^^ 

inwrM aftot 
Motton 46 of 
the same Aet 

" 46A Where a bill of exchange haa been lost before it is over-due, the HoMert' 
person who was the holder of it mayapply to the drawerto give him another jJ'Wtod^p. 
bill of the same tenor, giving security to the drawer, if required, to indem- wu. 
nify him against all persons whatever in case the biU alleged to have been 

lost shall be found again. , , v * k-ii 

« If the drawer on request as aforesaid refasee to give sueh duplicate bill, 

he may be compelled to do so." 

rif« Stetement of Obj»rt. .nd Eewon., .«« Q«M(*e of lodi.. 1881, Pt. V, p. 19 ; for Eeport 

# ti/lel^t SSmittee. .~ ihid, 1886. Pt. V. p. 895 «d for Proceeding, u, Council. ««« .M, 
of the seieci v«in ' . ggg j -j^ j Iggg 8„pplenient, p. 188. 

"**l^?'Pr'r!n« to to "^t™ whole of Upper sJi. (eice^ the Sh.n States) as b.imf part 
of thS^T^XXVI rf miTd'ctared iu tZ> there bj the^B^rma Imw. Act, 1898 (XIK of 

*^';rii*f W»KSn p™4o^dy declared tn force in the Town of Mand«l.y only in Upper 
Bnm^ bjttw OpperBurma Uw. Act, 1886 (XX of 1886), .. 6 (i), now repealed by Act XIII of 

"*"» Print*!, General AoU, VoL til, Bd. 1898. p. 899. 

B 
VOli. V. 



2 



Addition to 
BectionB 61 
and 64 of the 
lameAct. 



Addition to 
section 101 
of the same 
Act. 



• Section insert- 
ed after Rdc* 
tion 104 of 
the Mime Act. 
When noting 
equivalent to 
protest. 



Amendment 
of section 109 
of same Act. 



Amendment 
of section 113 
of same Act. 

New chapter 
added to same 
Act. 



Power to ap- 
point notaries 
pablic 



Power to 
make rules 
for notaries 
pubUe» 



Negotiable Imttrumenis* 
(Sece. 4-10.) 



1:1885 : Act II. 



4. To section 61, and the first paragraph of section 64, of the same Act, 
the following shall be added :— 

'^ Where authorised by agreement or nsaere, a presentment through the 
post office by means of a registered letter is snffioient/' 

5« To section 101 of the same Act the foIlowiDg shall be added :— 

'^ A notary public may make the demand mentioned in clause {e) of this 
section either in person or by his clerk or, where authorised by agreement or 
usage, by registered letter.'^ 

6. After section 104p of the same Act the following shall be inserted :— 

''104A. For the purposes of this Act, where a bill or note is required to 
be protested within a specified tj^e or before some further proceeding is 
taken^ it is sufficient that the bill has been noted for protest before the expira- 
tion of the specified time or the takin^c of the proceeding ; and the formal 
protest may be extended at any time thereafter as of the date pf the noting." 

7. [Section 108 of the tatne Act, in fiart, repealed.'] Bep. by the Repealing 
and Amending Act, 1891 (XII of lb91). 

8. In the same Act, section 109, 

(a) for the words '^ in the presepoe of a notary public subscribe the bill 

with his own hand and^' Ihe following sball be substituted, 
namely: — '^by writing on the bill under his hand/^ 

(b) [Repeal of laet ttoelve toorde 0/ section i09.] Sep. by the Repealing 

and Amending Act, J 891 {XII of 1891). 

9. In the same Act, section 113, after the words " the person so paying *^ 
the words '^ or his agent in that behalf '* shall be inserted. 

10. After Chapter XVI of the same Act the following shall be inserted :— - 

« CHAPTER XVIL 
*' NoTAKiBs Public. 

" 138. The Governor Qeneval in Council may, from time to time, by noti- 
fication in the official Gazette, appoint any person, by name or by virtue of his 
office, to be a notary public under thia Act and to exercise his functions as 
such within any local area, and may, by like notification, remove from office 
any notary public appointed under this Act. 

'' 139. The Governor General in Council may, from time to time, by noti- 
fication in the official Gazette, make rules consistent with this Act for the 
guidance and control of notaries public appointed under this Act, and may, by 
such rules (among other matter6)i fix the fees payable to such notaries.'^ 



188B: Act IIIJ transfer of Property. S 

(Sec9. 1*4. J 

ACT No. Ill OF 1885.1 

[SOtk January, 18S5 J 

An Act to amend the Transfer of Property Act, 1882.* 

IVof 138S. Whskeas it 10 expedient to amend the Transfer of Property Act^ 18812;' 

It 18 hereby enacted as folio we :<— 

1. For the fifth claaae of section 1 of the said Act the following shall be Amendmeal 
substituted, namely :^ ^ "^^^ ^^ 

''And any Local Government may, with the previous sanction of the ^^^ 
OoTemor General in Cooncil, from time to time, by notification in the local 
. official Gazette, exempt, either retrospectively or prospectively, any part of 
the territorieis administered by such Local Government from all or any of the 
following provisions, namely :— • 

'* Sections 54, paragraphs 2 and S, 69, 107 and 123.'^ 

2*. The following clause shall be deemed to have been added to the first Addition to 
section of the said Act from the date on which it came into force, namely : — "^"^ •«cttaiw 

'' NotwithstandinsT anything in the foregoing part of this section, sections 

54i| paragraphs 2 and S, 59, 107 and 12S sh^U not extend or be extended 

to any district or tract of country for the time being excluded from the 

III of 1877. opeVation of the Indiftn Begistriktion Act, 1877,* under the power conferred 

by the first section of that Act or otherwise.'' 

To section 4 of the said Act the following shall be added, namely : — Addition to 



^* And sections Si, paragraphs 2 and 3, 59, 107 and 123 shall be read as eameAot. 
slipplemental to the Indian B^^tration Act, 187 7.^'* 

4. To section 6 of the said Act the foUowiog clause shall be added :— Addition to 
'' (f) Nothing in tbis section shall be deemed to authorize a tenant having game Act. 
an untransferable right of occupancy, the farmer of an estate in 
respect of which default has been made in paying revenue or the 
lessee of an estlite under the management of a Court of Wards to 
assign his interest as such tenant, farmer or lessee.'^ 

^ Slioti titl«, ** Tbe TntBsfer dt PkK>pertj Act <18a2) Amendment Aet» 1985/' «m the IndUn 
Short Titles Act, 18^7 (XI7 of 1897)» printed, Qenemi Acts, Vol. VI, Ed. 1898. 

For autenent of Objeots «nd Beuont, tee Qaaette of IndU, 1884» Ft. V, p. 476 ; for Report 
of the Select Ccuumtftee^fM v^m^, 1885, Ft. V, p. 37 s and for Proceedings In Coancil,<ss ibid^ 
1884, Supplement, pp. 1169 and I2789 and ihid, 1686, Supplement, p. 185. 
TMs Actismferoe** 
<i) i& the wliole of the terdtoriee, other than the Scheduled Distrieti, under the admrnU- 
ttaition of the -Oov^mmeut of Bomhay, see Bombay QoTenunent Oacette, 1892« 
Pt. I» p. 1071 ; 
(;9) tbe area IndadedwitkimtiM local limits of the ordinal^ dvU jarisdiction of the Sa- 
oorderoC fiaagoon, eee B«rma Oasette, 1892, Pt. X, p. 878. 
aa being part of the Tranefer of Property Act, 1882 (IV ef 186S). 
s Printed, General Aeto, Vol. IV. Ed. 1898, p. 40. 
> Printei, GsDi^ial Aeti^ Vol 11I» Bd. 1898, p. 41. 



Amendment 
of section 69 
o£ same Act. 



Amendment 
of section 18 
of Ben. Act 
VII of 1878. 



Transfer of Property. (See. B.J 
Excise; Sea Customs. (Sees. 1-4,) 



[1885 : Act IIL 
[1885: ActlZ. 



5. Td section 69 of the said Aot^ 

(a) after the words '' is valid in the following cases '^ the words ^' and 

in no others '^ shall be inserted ; and 

(b) after the words ^' Hindu, Mnhamroadan or Boddhisf ^ in both piaoes 

where they 03car, there shall be inserted the words ^*or a member 
of any other race^ sect^ tribe or class from time to time specified in 
this behalf by the Local Government, with the previous sanction 
of the Governor General in Council^ in the local official Gazette/' 



Saving of 
duties already 
Axed 

imder section 
6 of Act XI 
of 1888. 



ACT No. IX OF 1885.* 

[mi Mag, 1885.] 

An Act • • • ■ to amend • • » • » the Bengal Excise Act, 

1878, and the Sea Cnstoms Act, 1878/ 

Whebbab it is expedient * * * * • to amend * * 

♦ * * section 18 of the Beneal Excise Act, 1878, and sections 145, 149 Ben. Act 

VII of 1878. 

and 207 of the Sea Cnstoms Act, 1878/ in manner hereinafter appearing; It yiiiof 187a 
is hereby enacted as follows :— 

1. [Repeal of part of section 6 of Jd XI of 1888,2 Rep, by the Repealing 
and Amending Act, 1891 {XII of 1891). 

2. [Amendment of section 7 of Act XXII of 1881,'] Rep. by the 
Excise Act, 1896 (XII of 1896). 

3. In section 18 of the Bengal Excise Act, 1878, for the words ^'at the Yllof 1878. 
rate leviable nuder anj Tariff Act for the time being in force " the words *' at 

such rate as the Local Government may from time to time fix in respect of- 
such spirituous liquor ^* shall be substituted ; but nothing in this section 
shall affect any Act passed after this Act comes into force by the Lieutenant- 
Go ver nor of Bengal in Council. 

4. The duty now fixed by the Local Government under section 6 of the 

Indian Tariff Act, 188i^,^ as leviable on spirit manufactured in all or any of XI of 1882. 

^— •»— -^— ^™'~™^'^— ^p™™~^^— ^^'^— ■^— ■«— ^'»— ~— — ^i^i— ^^^"^^— ^— ^^— ^^^-^— ^^^»^»^— ^— » ' ' — ~^— 

^ Short title, '* The Ezotse and Sea Customf Law Amendmeut Act, 1885/' aee the Indian Short 
Titles Act, lb97 (XIV of 1897). 

For fcstateicent of Objects and Reasons, see Gazette of India, 1884, Pt. V, p. 599 ; and for 
Proceedings in Councili tee ibid, 1884, Snpplement, pp. 1661 and 1709, and ibidj 1885, Supplement, 
p. 897. 

So far as the Act amends the Sea Cnstoms Act, 1878 (VIII of 1878) it is in force in Upper 
Burma (except the Shnn States) as being a part of that Act declared in force there by •. 4 and the 
First Schedule to the Burma Liiws Act, 1898 (XlII of 1893). 

8s. 1, 3 and 4 of this Act have been declared in force in the Santhfl Parg^nas by the 
Santhil Parganas Settlement Begulation (III of 1872), s. 8, as amended by the Santh&l 
Parganas Laws Regulation, 1886 (III of 1886), ». 2, printed, BengiaGode, Vol. I, £d. 1889, p. 697. 

' Tbe words " to repeal part of sec: ion 6 of the Indian Tariff Act, 1882 and" were repealed 
by the Repealing and Amending Act, 1891 vXII of 1891 , printed. General Acts, Vol. VI. 

* The words " the Excise Act, 1881," in the title and the «iords " section 7 of the Excise Acty 
1881,'' in the preamble were repealed by the Excise Act, 1896 (XII of 1896). 

« Printed, General Acts, Vol. Ill, Ed. 1898, p. 168. 

' Jkpealed hy the Tariff Act» 1894 (VIII of 1694). printed. General Acts, Vol. VI. 



-1885 : Act IX.] Excise; Sea Customs, (Sees. 5-6 J 6 

1885 : Aot XIL] Sea Passengers, 

the distilleries situate in the territories under its admiuistration^ or in any 

part of such territories, shall, in places in which » « « «i 

Beou Aet the Bengal Excise Act, 1878, is in force be deemed to be the duty fixed by 

^^ the Local Oovernment under section * ♦ *18 of that * Act, as 

amended by this Act ^'. 

VIII of 1873. 5. (1) In section 145 of the Sea Customs Aot, 1878,* after the word Amendment 

'' shall ^' the words '' except when provision is made by any enactment for 145 and 149 
the time being in force for its being intermediately deposited in a licensed ^farsT^^^ 
warehouse ^* shall be inserted. 

{2) In section 149 of the same Act, after the words ^'custom-house/' the 
words '' or to a warehouse licensed nnder any enactment for the time being in 
force'' shall be inserted. 

6. In section 207 of the same Act, for the word ^' respectively '' the words Amendment 
« or any like body hereafter created for any other port " shall be substituted. ^1 t^^e^^ 

Aot* 



ACT No. XII OP 1885.* 

[_23nd July, 1885.] 

An Act to amend the law relating to the carriage of passengers 

by sea. 

18 & 19 yict«> Wherhas by section 99 of an Act of the Imperial Parliament called '^ The 

^^^' Tassengers Act, 1855/'* it is enaoted that *' it shall be lawful for the Gov- 

ernor General oF India in Council, from time to time, by any Act or Acts to 
be passed for that purposCi to declare that this Act or any part thereof shall 
apply to the carriage of passengers upon any voyage, from any ports or places 
within the territories of British India, to be specified in such Actor Acts, 
to any other places whatsoever, to be also specified in such Act or Acts /' and 
it is thereby also enacted that " on the passing of such Indian Actor Acts, and 
wbiUt the same shall remain in force, all such parts of this Act as shall be 



1 The woids *< the Excise Act, 1881, or *' were repealed by the Ezciie Act, 1896 (XII of 189<)). 

* The foUowing changes in 8. 4, namely, the alteration of *' sections " for " section ", the 
omiwion of the word " and " in the last line, the alteration o£ the word ** this " to the word 
** that " and of the word " Acts " to the word " Act ", aad the omission of the word " respect- 
iTdv" at the end of the section, have been necessitated by the repeal of the figare "7" as 
relating to the Excise Act, 1881 (XXII of USl), by the ExoUe Act, 1896 (XII of 1896), which 
reneals 80 mnch of this Aot as relates to Act XXI 1 of 1881. 

^^nted. Geneml Acts, Vol. Ill, Ed. 1898, p. 168. 

« For Statement of Objeots and Seasons, see Gazette of India, 1884, Pt. V, p. 602 ; for Beport 
of the Select Committee, §ee ihid^ 1885, Pt. IV, p. 186 ; and tor Proceedings in Council, <m iHd^ 
1884 Supplement, pp. 1652 and 1^09, and ibid, 1885, Supplement, p. 1179. 

• Printed, Collection of Statutes relating to India, Vol I, £d. J881, p. 610. 



6 



Sea Poitenferi, 
(8ee9^ 1^^ 



[1685; ActXIL 



fihort title 
and com- 
ineiioemeiit* 



Certain pro- 
▼inonscd the 
StMtutee made 
applicable to 
■pedfled Toy- 
agei £rom 
India. 



adopted therein shall apply to and extend to the carriagQ of- paa8enger9 nppn 
Buoh voyages as in the said Indian Act or Acts shall be specifisd. The provi- 
sions of such Indian Act shall be enforoed in all Her ^ Majesty's possessims iip 
like manner as the provisions of this Act may be enforoed ; '' 

And whereas certain parts of the said Act of Parliameojb wer^ by Apt II ol 
1860 {to amend tie law relating to the carriage of poisengeri if eea) niade 
applicable to the carriage of passengers npon certain specified voyages ; 

And whereas by an Act of the Imperial Ppurliament called ''The Pas« 

sengers Act Amendment Act, 1863/' certain parts of the Passenigers Act, tO&aTTiet*, 

• e* Ol • 

1855) which were so made applicabley have been amended, and it is provided is ft 19 Yiet, 

that the said Acts of the Imperial Karliamant ahall be constraed together sp ^ ^ * 

one Act ; 

And whereas it is expedient that the amendnients so made in the 
Passengers Act, lii55, should .also be made in the parts tof that A«t so made 
applicable, and it is also expedient to apply those parts so amended to the 
carriage of passengers upon certain voyages net specified in Act II of 1860 ; 

It is hereby enacted as follows :— 

L (i) This Act may be called the Indian Sea Passengers Act, 1885 ; and 

{2) It shall come into force on the first day of October, 1885. 

2. [Repeal of Act II of 1860.1 Rep. hg He Repealing and Amending 
Act, 1891 (III of 1891). 

3« The provisions contained in sections 4, 6 and 6 of this . Ac^, and the 
schedule hereto annexed (being parts of the Passengers Act, 1855j as amended is ft 19 Viet, 
by the Passengers Act Amendment Act, 1868}, are declared applicable to the aii&^ryiH.. 
carriage of passengers npon the following voyages, namely :-« o. 61. 

{a) vvoyages from the ports of Calcutta, Madras and Bombay to the 
British Colonies of Mauritius, Jamaica, Britidi Guiana, Trinidad, 
St. Lucia, Grenada, St. Vincent, Natal, St. Kitts^ Nends and 
Fiji ; 

{b) voyages from the ports of Calcutta, Madias and Bombay to the 
French Colonies of Reunion, Martinique Guadeloupe and its depen- 
dencies, and Guiana ; 

(e) voyages from the ports of Calcutta, Madras and ^Bombay to the 
Netherlands colony of Ebtoh G niana ; 

[d) voyages from the ports of Calcutta, Madras and Bombay to the 
Danish colony of St. Croix; 

{e) voyages under the Native Passenger .Ships Act, •187&, from Calcutta, 
Madras, Bombay, Karachi, Rimgoon and jA)^ jmrts in British 



Tlllcf 187S. 



1886 : Act XII.] S^a Painengen. i 

India to the Straits Settlements, to the protected Native States 
adjoining' the Straits Settlements^ to Anstralia^ and to ports in 
the Red Sea, Gnlf of Aden or PeJrsian Gnlf und on the East Coast 
of Africa. 

4. If the passengers or cabin-passengers upon any such voyage as is speci- GoTernorscr 
fied in the la^t preceding section are taken off from the ship carrying them ^y expenseB 
or are jacked up at sea from any boat, raft or otherwise, it shall be lawful, if jfj*'"®-^®" 
the port or place to whidh they are conveyed is in any of Her Majesty's colo<- p«wenger-. 
nial possessions, for the Governor of such colony, or for any person authorized 

by him for the purpose, or, if in any foreign country, for Her Majesty's 
Consular OflBcer at such port or place therein, to defray all or any part of the 
expenses tibereby incurred. 

5. If any passenger or cabin-passenger of any such passenger-ship as afore- Governors or 
said, witiiout any neglect or defieiult of his own, finds himself within any colo- c*""^" ™*J 
nial or foreign port or place other than that for which the ship was originally vtMengen, 
botmd, or at which he, or th6 Emigratloti Agiant, or any public officer or other ©f theMp 
person on hie behalf, has contracted that he should la!nd, it shall be lawful for «»il ^ *> w- 
thd Governor of the colony, or for any person authorized by him for the pur- 
pose, or for Her Migesty's Consular Officer at the foreign port or place, as 

the case may be, to forward the passenger or cabin-passenger U) bis intended 
destination, unless the master of the ship, within forty-eight hours of the 
arrival of such passenger or eabin^passenger^ gives to the Governor or Con- 
sular Officer, as the case may be, a written undertaking to forward or carry on 
within six weeks thereafter tbe passenger' or cabin-passenger to his original 
destination, and unless the master accordingly forwards or carries him on 
within that period. 

6. (i) All expenses incurred under the last two preceding sections, or Expenses in-' 
either of tbem, by or by the authority of a Governor or Consular Officer, or Sctions'* 
other person as therein respectively mentioned, including the cost of maintain- ^^15 ^^ 
ing the passengers and cabin-passengers until forwarded to their destination, debt. 

and of all necessary bedding, provisions and stores, shall become a debt to Her 
Majesty and Her successors from the owner, charterer and master of the ship, 
and shall be recoverable from them, or from any one or more of them^ at the 
suit and for the use of Her Majesty, in like manner as in the case of other 
Crown debts. 

(j3) a certificate in the form given in the schedule hereto annexed, or as 
near thereto as the circumstances of the case will admit, purporting to be 
under the hand of any such Governor or Consular Officer (as the case may 
be), stating the total amount of the expenses, shall, in any sait or other 



8 Sea Paisengers. [1885 s Act ZII. 

(See. 7. Tl^ ScAedule.J 

proceeding for the recovery of the debt, be reoeived in evidence without proof 
of the handwriting or of the offii-ial character of the Governor or Consnlar 
Officer, and shall be deemed sufficient evidence of the amoant of the expenses, 
and that the same were dnly incarrt d ; 

nor shall it be necessary to adduce on behalf of Her Majesty any other 
evidence in support of the claim, but judgment shall pass for the Crown, with 
costs of suit, unloi^s the defendant specially pleads and duly proves that the 
certificate is false or fraudulent, or specially pleads and duly proves any facts 
showing that the expenses were not duly incurred : 

Provided, nevertheless, that in no case shall any larger sum be recovered 
on account of the expenses than a sum equal to twice the total amount of pas- 
sage-money received or due to and recoverable by or on account of the owner, 
charterer or master of the passenger-ship or any of them from or on account 
of the whole number of passengers and cabin-passengers who may have em- 
barked in the i^hip ; which total amount of passage-money shall be proved by 
the defendant if he will have the advantage of this limitation of the debt ; 
but if any such passengers are forwarded or conveyed to their intended destin- 
ation under the provisions of the last preceding section, they shall not be en- 
titled to the return of their passage-money, or to any compensation for loss of 
passage* 
Insorance. tj^ Uq policy of assurance effected in respect of any passages or of any 

passage or compeuFation money by any person by this Act made liable in the 
events aforesaid to provide those passages or to pay that money, or in respect 
of any other risk under tbis Act, shall be deemed invalid by reason of the 
nature of the risk or interest sought to be covered by the policy of assurance. 

THE SCHEDULE. 

Farm of Oovemor^s or Consul's Certificate of Expenditure in tie case of 

Passengers sMfwreeied, etc, 
{See section 6.) 

I hereby certify that acting under, and 
in conformity with, the provisions of the 
Indian Sea Passengers Act, 1886^ I have 
defrayed the expenses incurred in rescuing, 
maintaining, supplying with necessary 
u\T^^ 1 T# «»« m««n«« w«r« bcdding, provisiousaud stores («), and in 

rescaed than forwarded, or if bedding, etc, forwarding to their destination 
was not tappUed, alter the cerfci6cateto »*•«-*»-«.««- n^^i.j:.^ 

foit Oe IwU of th« cMe. paesengers [inclndmg 



1885 : Act XIIL] 



Telegraphs. 



9 



(5) ir.B.—2. Omit words in fanekets 
when neoesaary. 



(«) JT.B.^S. State generally thentthire 
of the dinster and where it ocoorred. Bat 
ilthe passengert were only left behind 
without any default o€ their own/atate 
the fact accordingly. 



Given under my hand this 



cabin-paBsengers (&),] who were pro- 
eeeding from to in the 

paseenger-ship which was wrecked 

at sea, etc. (c). 

And I farther certify, for the purposes 
of the sixth section of the said Indian Sea 
Passengers Act, 1885, that the total 
amount of such expenses is , 

and that such expenses were duly incurred 
by me under^the said Act. 

day of I 18 . 

Oovemor of^ tie., (or, as the case may be) 
Her Britannic Majesiy^s Consul at • 



THE INDIAN TELEGRAPH ACT, 1896, 



CONTENTS. 



PARTI, 

Pbbliminaey. 

Sbgtions. 

1. Short title, local extent and commencement. 
2« Repeal and savings. 
S. Definitions. 



PART II. 

Peiyilvgbs and Powers or tbb Govbbnment. 

4. Exclusive privilege in respect of telegraphs^ and power to grant 

licenses. 
6. Power for Government to take possession of licensed telegraphs and 

to order interception of messages. 

6. Power to establish telegraph on land of Railway Company. 

7. Power to make rules for the conduct of telegraphs. 

8. Revocation of licenses. 

9. Government not responsible for loss or damage. 



to reUgrapki. [1885: AstXIIl. 

PAET IIL 

POVBR TO PLAOK TcLBSBAP H LorSS AND P08T8. 
SbOTIOK0. 

10. Power fpr telegraph aat^ority to place and maintain telegraph lines 

and poste. 

11. Power to enter on property in order to repair or remoTe telegraph 

lines or poste. 

Provisions afpliedble to Property vested in or under the Control or Manage^ 

ment of Local Authorities. 

12. Power for local authority to give permiasion noder section 10, clause 

{e\ subject to oonditions. 
IS* Power for local authority .to require remoTal or alteration of telegraph 
Hoe or post. 

14. Power to alter position of gas or water pipes or drains. 

15. Disputes between telegraph authority and local authority. 

Provisions applicable to other Property . 

16. Exercise .of powers conferred by seotion 10, and disputes as to com- 

pensation! in case of property other than that of a local authority. 

17. Bemoval or alteration of telegraph line or post on property other than 

that of a local authority. 

Provisions applicable to all Property. 

18. Removal of trees interrupting telegraphic communication. 

19. Telegraph lines and posts placed before the passing of this Aot 



PART IV. 
Fbnaltiss. 



20. Establifihingy maintaining or working unlicensed telegraph or break- 

ing condition of license. 

21. Using such telegraphs. 

22. Opposing establishment of telegraphs on railway land. 

23. Intrusion into signal-room, trespa^ in telegraph office or obstruction* 

24. Unlawfully attempting to learn contents of messages. 

25. Intentionally dami^ing. or tampering with telegraphs.} 

26. Telegraph officer or other official making away with or altering, or un- 

lawfully intercepting or disclosing^ messages, or diyulging purport 
of signals. 

27. Telegraph officer fraudulently sending messages without payment. 

28. Misconduct. 

29. Sending fabricated message. 

80. Retaining a message delivered by mistake. 

81. Bribery. 

82. Attempts to commit ofEencea 



1885 ' Mt Xin.] TfiUmi^^. U 

/Tor* l.'^PrelipiinaffB Sgpi^ IrSJ 

PAET V. 

SUPPLBMBMTAL PSOYISION. 

3sonov# 

SS. Power to ^inpjoy additional polioo in places where misohiaf to tele^ 
grapbi is repeatedly oommitted. 



ACT No. XIII 09 1886.1 

[SSndJnlg, 1885.-] 

An Act to amend the law relating to Telegraphs in India. 

Whbrbas it 19 expedient to amenclthe law relating to telegraphs in Ipdia; 
It ie hereby enacted as foUo^ :— - 

PAET I. 
Pbbliminart. 

1. (i) This Act may b<9 <)9)|ed the Indian T^leg^ph Aypt, 1985, Short title, 

{3) It extends to the whole of British India, and, so far as regards sub- ^^^^^ 
jects of Her Majesty, to the dominions of Princes and States in India in menoeme&t. 
alliance with Her Majesty ; and 

{3) It shall come into force on the first day of October, 1885. 
flfisrs. 2. The Indian Telegraph Acl^ 1876, is hereby repealed. Repealed 

Bnt all licenses granted and rnles made nnder that Act or any Act there- •*^i>^^ 
by repealed, and now in force, shall, so far as they oonld be granted or made 
nnder this Act, be deemed to have been respectively granted and made here- 
under. 

3. In this Act, unless there is something repugnant in the subject or con- Dtflnitioiuh . 
text,— 

(I) ^' telegraph " means an electric, galvanic or magnetic telegraph, and 
inclades appliances and apparatus for transmitting or making telegraphic, 
telephonic or other oommunications by means of electricity, galvanism or 
magnetism : 



» For StfUUnnen^ of Obj«*i. »i>d BfiMQpp. wf iPwi^tte.jff Iijdli, ISMi Pt T, p. 481 ,i for Beoort 
of the Select Committee* tee ibidt 1886, Pt. IV, p. 192 ; and for Procee^ngi in ConncUf #m tbidp 
1S84» Supplement, pp. .1169 and <1 296, and ihid, a886^ 8appl«ment,,p. 1181, 

This Act has been declared in force in Upper Bnrma (excepc tha Shan States) by the Upper Burma 
LMniA««i,1886(XXof 1886)»«.6 (JI),#m nowe. 4<aQd the Sint SQbedo]^tp th^BoJima Lawa Act, 
1898 (XIII of 1898) bf which Act XX of 1886 has been repealed ; and in the Santhi^l Parganas 
by the Santhil Parganas Settlement Begnlaiion (III of -1672), s. 8, as amended a>y the Santhil 
ParmiM Iaws .9^]aUpn, 18Q6 (I^ of 1886), s. 2, printed, bengal Code, VoL I, Bd. 1889, 
T97 1 British B^ochistan, sss •. S and Schednle to th^ British BsK^histan Iaws Begnlatioa, 



p. 697 1 British BAochistan, MS •. S and Scnednle to'th^ British BsSathistanXaws Begolatioai 



12 Telegraphs. [1885 : Act XIII. 

(Part IL^^PriviCeges and Powers of the Government . Sees. 4^.J 

{2) <' tele^rapb officer ^' means anj person employed either permanently 
or temporarily in oonneotion with a telegraph established^ maintained or 
worked by the Government or by a person licensed under this Act : 

(3) '' message '' means any communication sent by telegraphy or given to 
a telegraph officer to be sent by telegraph or to be delivered : 

{4) *' telegraph line '' means a wire or wires, used for the purpose of a 
telegraph, with any casing, coating, tube or pipe enclosing the same, and any 
appliances and apparatus connected therewith for the purpose of fixing or 
insulating the same : 

{5) *' post '^ means a post, pole, standard, stay, strut or other above- 
ground contrivance for carrying, suspending or supporting a telegraph line : 

(6) '* telegraph authority '^ means the Director Oeneral of Telegraphs, and 
includes any officer empowered bj him to perform all or any of the functions 
of the telegraph authority under this Act : 

(7) '' local authority '' means any municipal committee, district board, 
tiody of port commissioners or other authority legally entitled to, or entrusted 
by the Government with, the control or man^ement of any municipal or 
local fund. 



Ezdnsive 
privilege in 
respect of 
telegmphs, 
and power 
to grant 
licaniea. 



Poiwerfor 
GoYernment 
to take 
poMession of 
licensed tele- 
graphsand 
to order 
intercepticm 
of meflflago* 



PAET II. 

Pbivilegvs and PoWKas op thb Oovbrnmbnt. 

4. Within British India, the Oovernor Oeneral in Council shall have the 
exclusive privilege of establishing, maintaining and working telegraphs : 

Provided that the Governor General in Council may grant a license, on 
such conditions and in consideration of such payments as he thinks fit, to any 
person to establish, maintain or work a telegraph within any part of British 

India. 

5. (/) On the occurrence of any public emergency, or in the interest of the 
public safety, the Governor General in Council or a Local Government, or any 
officer specially authorized in this behalf by the Governor General in Council, 
may— 

(a) take temporary posression of any telegraph established, maintained 
or worked by any person licensed under this Act ; or 

(h) order that any message or class of messages to or from any person, or 
class of persons or relating to any particular subject, brought for 
transmission by, or transmitted or received by, any telegraph, shall 
not be transmitted, or shall be intercepted or detained or shall be 



1886 : Act XIII.] Taegraph^. 1 8 

(Part llr^Privileffei and Fower$ of the Qovetnment* Sea. 6-7 J 

disdoeed to the Govemment or an officer thereof mentioned in the 

order. 
{9) If any donbt arises as to the existence of a public emergency, or 
whether any act done under sub-section (2) was in the interest of the public 
safety, a certificate sigpied by a Secretary to the Oovenmient of India or to the 
Local Govemment shall be conclusive proof on the point. 

6. Any Railway Compnny, on being required so to do by the Governor f^^-^ 
General in Council, shall permit the Govemment to establish and maintain a telegraph on 
telegraph upon any part of the land of the Company, and shall give every K^^ay 
reasonable facility for working the same. , Companj. 

7. (i) The Govemor General in Council may, from time to time, by noti- ^^[r*^ 
fication in the Gazette of India, make rules ^ consistent with this Act for the <or theoon- 
conduct of all or any telegraphs established, maintained or worked by the graplu. 
Govemment or by persons Ucensed under this Act. 

(2) Rules under this section may provide for all or any of the following, 
among other matters, that is to say •— 

(a) the rates at which, and the other conditions and restrictions subject 

to which, messages shall be transmitted ; 
{b) the precautions to be taken for preventing the improper interception 

or disclosure of messages ; 
{c) the period for which, and the conditions subject to which, telegrams 
and other documents belonging to, or bdng in the custody of, tele- 
graph officers shall be preserved ; and 
{d) the fees to be charged for searching for telegrams or other documents 
in the custody of any telegraph officer. 
{3) When miking rules for the conduct of any telegraph established, 
maintained or worked by any person licensed under this Act, the Governor 
General in Council may by the rules prescribe fines for any breach of the 
same: 

provided that the fines so prescribed shall nut exceed the following limits, 
namely :«^ 

(i) when the person licensed under this Act is punishable for the breach, 

one thousand rupees, and in the case of a continuing breach a 

further fine of two hundred mpees for every day after the first 

during the whole or any part of which the breach continues ; 

(ii) when a servant of the person so licensed, or any other person, is 



> For rules framed under tfaia aection, t§e Qaietie of Indiay 1897, Pt. I, p. 569, aud ibid, 189& 
Ft I, p. 139. 



^eTocatlon 
of licenses. 



GoTeriitDeiii 
not refipon- 
Bibtb for 1o« 
m damage. 



Power for 
telegraph 
authority to 
place and 
maintain 
telegrapl^ 
lines and 
poste. 



U Tik§fapks\ [1866 J Adt XHL 

(PaH li.—Privile^ dUi PmSfs of eke OovefHittM, flte^. 8-9. Part III. 
"^Power to place Telegraph Lines and Posts. See. 10.) 

punishable for the breach, one-foarth of the amouotn specified in 
elatii^^ (i). 

8. The Gov^hidr OelieHitl ia Conncil may, at anyticde, rer&ke any lieense 
ghioted under sedtldfi ^, on the breaeh of any of the '<)diiditiom6 .therein oon- 
tained, or in default of payment of liny eonsideratioti payable thereunder. 

9. The Secretary of State for India in Councit shall not be responsible 
for liny loss or diiniag« whieh may 66cur ih eonsequenoe of any telegraph officer 
fbilihg ill his duty withresjieot t6 th^ redeipt, transmisston or delil^ery of any 
message; and no such officer shaft be tesponilible for any sudh loss or dama^ 
uMess be dlittses the tenie negUg^ntl y, maliciously or frattdnlently. 



PART III. 

PdwBft TO PLAOft Tblbc^baph Linhs and FostSv 

^10. The telegraph authority may, frotn timd to titale, |»lace and fitiaiti^ltn 
a tei^raph lind uhderi oi^ei*^ idong dl^aOfoss, and posti^ in Or npon, My iminove* 
able property : 

Provided thait^^ 

(a) the telegraph authority shall not ejtertis^ the powe)^ oddferred by 
ftis seiHiiob ekitept (or thd pO^oMs of a telegiaph Mtablished or 
Biaititaiiied by th« 9t)T^rnniikil^ ot to bd id estab&hed or main- 
tained; 

{h) the QoYerhhient sh^l dot 1idi|tdre iilny right t»th^ than that of user 
only in the property nndel', oiTet^ ^ldi)g, aoro6d> in or upon which 
the tdtegraph authority ^tlUSes any telegraph line ot post ; and, 

(d) exoept as hereinafter ph>Tided> the telegraph authority shall not 
eieroisd those powers in respect of any property Tested in or 
under the control or management ot any local authority, withoiit 
the permission lif tfaat authoirity) Md , 

{d) in the exercise of the powers conferred by this section, the telegtapb • 
autht>rity shfeiU do as little damage as possible, and, trheh it has 
^teircised those poWe)^ in respeei of atoy propetty other than that 
referred to in clause {t)^ shall pay full compensation to all persons 
interested fo^ unj damage sustained by them by reason of the 
exe^ise el those po^rsrs. 



* For power of GoTemor General in Coandl to confer upon any public officer any (tf 
powen of the telegraph anthoiity with respect to the pladng of linies and posts, sm the £le 
dty Aot» 1867 (XIII of 1887), b. 6, infra, p. 168. 



the 
Electri- 



1885 i Afet XniJ Telegraphs. 15 

(Part IIL^Toroer io place Telegraph Lines and Posie. Sees. Il-IB^J 

IL The telegraph authority may, at any time, for the purpose of examin- Power u 
iogy repairing! altering or remoying any telegraph line or post, enter on the ^rty in order 
property ander^ arer^ along, aeross, in or apon whioh the line or post has been |^'^^*^'' 

placed. • graph lines 

or poste. 

Provisions applicable to Property vested in or under He Control or Manage* 

mcnt of Local Authorities. ' 

12. Any permission given by a local authority under section 10^ clause (0), Power for 
may be given subject to such reasonable conditions as that authority thinks fit ity togive 
to impose, as to the payment of any expenses to which the authority will ^^|^'^^ 
necessarily be pilt in oons^[uenee of the exercise of the powers conferred ^<^ ^^^ 
by that section, or as to the time or mode ef execution of any work, or as to Bubjeet to 
any other thing odnnected with or relative to any woilc undertaken by the ®''°^^^<^'>^ 
telegraph authority under those powers. 

18. When, tinder tke foregoing provisions of this Aet, a telegraph line or Power for 

i<)Cfti ftatnor* 

post has been placed by the telegraph muthority uftider^ bver, slouj^, across, in ity to require 
or upon bny property vested in or undiir the control or management of a local l^ton^on'ol 
authority, and the local authority^ having regard to circumstances which hare J*^®^^^^ 
arisen sinee the telegraph line or post was so pliiced^ considers it expedient that 
it should be removed or that its position should be altered, ibi) local authdrity 
may require the telegraph authority to remove it or alter ite position, as the 
case may be. 

14. The telegraph Mtbority nkay, for the purpose of iBxercisihg the powers Power to 

ftiter poBitioo 

conferred upon it by this Act in reipeot of iany "pfbperty vested in er utide^ of gaeor 
the control or management of a local authority, alter th^ p(>sition tbereander ^^^^JS^ 
of any pipe (not being a main) for the Supply of j^ or wat^r, or of any 
drain (not being a main dr&in) : 
Provided that— 

(a) when the telegraph authority desires to alter the position of any sdch 
pipe or drain it shall give Reasonable notice of its intention to do so, 
specifying the time at which it will begin to do so, t6 the local 
authority, and, when the pipe or drain is not under the contrbl of 
the local authority, td the person under whose conttt)l the pipe or 
drain is; 
(i) "a lody authority or peiten receiving notice under clause (a) may send a 
person to superintend the work, und the telegraph authority ehill 
execute the work to the retisonable satisfaction of the person so sent. 
16. [I) If any dispute arises between the telegraph authority and a local Di«pntee 
autbority in ooneequence of th« local .uthority wforing the ^ermwion referred )^^,^. 



16 Telegraphs. [1885 : Act XIIX, 

(PaH Ill^^Power io place Telegraph Lines and Posts. See. 16 J 

Itjand local to in BeOtion 10^ clause (c), or pre^oribing any oonditioQ nnder Beciion 12, or 
•mhoritjr. -^ consequence of the telegraph authority omitting to comply with a requisi- 
tion made nnder section IS, or otherwise in respect of the exercise of the powers 
conferred by this Act, it shall be determined by snob officer as the Local 
OoYcrnment may appoint either generally or specially in this behalf. 

{'^) An appeal from the determination of the officer so appointed shall lie 
to the Local GoYernment ; and the order of the Local Government shall be 
final. / 

Provisions applicable to of her Property. 

Bzereise 16. (J) If the exercise of the powers mentioned in section 10 in respect of 

oou^rnd by property r«;ferred to in clause {d) of that section is resisted or obstructed, the 
"^'d* ^^tM '^^^^^^ Magistrate may, in his discretion, order that the telegraph authority 
w to oompea- shall be permitted to exercise them* 

oMte of |iro- (8) If| after the making of an order under snb-section (i), any peiBon 

than^that^of '^^^^ ^^>^ exercisc of those powers, or, having control over the property, does 
a lorai aotbor- Qot give all facilities for their being exercised, he shall be deemed to have 

committed an offence nnder section 188 of the Indian Penal Code.^ XLV of I86ci. 

(3) If any dispute arises concerning the sufficiency of the compensation to 
be paid nnder section 10, clause {d)p it shall, on application for that purpose 
by either of the dispnting parties to the District Judge within whose jurisdic- 
tion the property is situate, be determined by him. 

(4) If any dispute arises as to the persons entitled to receive compensation, 
or as to the proportions in which the persons interested are entitled to share 
in it, the telegraph authority may pay into the Court of the District Judge 
snch amount as he deems sufficient or, where all the disputing parties have in 
writing admitted the amount tendered to be sufficient or the amount has been 
determined under sub-section {3), that amount ; and the District Judge, after 
giving notice to the parties and hearing such of them as desire to be heard, 
shall determine the persons entitled to receive the compensation or, as the 
case may be, the proportions in which the persons interested are entitled to 
share in it. 

(6) Every determination of a dispute by a District Judge under sub- 
section (8) or sub-section (4) shall be final : 

Provided that nothing in this sub-section shall affect the right of any 
person to recover by suit the whole or any part of any compensation paid by 
the telegraph authoiity, from the person who has received the same. I 



> Printed, Generiil icit. Vol. I, fid. Ib98, p. 240. 



i 



^885 : Act Xm.] Teltgraph. 17 

(Part III. — Power to place Telegraph Lines and Posts. Sees. 17-19.) 

17t (i) "WheD^ under the foregoing provisions ofthisAct^ a telegraph line B«iiiovidor 
or post has been placed by the telegraph authority under^ over, along^ across, telmaph 
ill or upon any property, not being property vested in or under the control or **°® ^^ V^ 
management of a local authority, and any person entitled to do so desires to other than 
deal with that property in such a manner as to render it necessary or con- [ocal autiiar- 
venient that the telegraph line or post should be removed to another part ^^J* 
thereof or to a higher or lower level or altered in form, he may require the 
telegraph authority to remove or alter the line or post aooordingly : 

Provided that, if con^pensation has been paid under section 10, elause (i)^ 
he shall, when miaking the requisition, tender to the telegraph authority the 
aniount requisite to defray the expense of the removal or alteration, or half of 
the amount paid as compensation, whichever may be the smaller sum. 

(d) If the telegraph authority omits to comply with the requisition, the 
person making it may apply to the Distriot Magistrate within whose jurisdic- 
tion the property is situate to order the removal or alteration. 

(3) A District Magistrate receiving an application under sub*seotion (9) 
may, in his discretion, reject the same or make an order, absolutely or subject 
to conditions, for the removal of the telegraph line or post to any other part 
of the property or to a higher or lower level or for the alteration of its form ; 
and the order so made shall be final. 

Provisions applicable to all Property. 

18. (i) If any tree standing or lying near a telegraph line interrupts, or Remonkl of 
is likely to interrupt, telegraphic communication, a Magistrate of the first or *'^®7-^°*tS 
second class may, on the application of the telegraph authority, cause the tree ffraphio com« 
to be removed or dealt with in such other way as he deems fit. 

(9) When disposing of an application under sub-section (i), the Magis- 
trate shall, in the case of any tree in existence before the telegraph line was 
placed, award to the persons interested in the tree such compensation as he 
thinks reasonable, and the award shall be final. 

19, Every telegraph line or post placed before the passing of this Act Telegraph 
under, over, along, across, in or upon any property, for the purposes of a ^u^Sjed 
telegraph established or maintained by the Government, shall be deemed to D^orethe 
have been placed in exercise of the powers conferred by, and after observance thb Act. 
of all the requirements of, this Act. 



VOL. V. 



18 



TeUfftaphi. [1885: Act 2lIIi 

/Part JF.'^P0nalii08. Sea. 90-86.} 



EitobliBhing, 
malDtaining 
or working 
Qnlioen»ed 
telegraph or 
breiSdDg 
oonditioa of 
lioense. 



Tiling Bucb 
telegrapba. 



Opposing 
OBtobliBb- 
ment of tele- 
graphs on 
railway land. 

Introalon 
into Bignal- 
rooniy tres- 
pass in 
telegraph 
offioeor 
obstmotion* 



Un^awfally 
attempting 
toleam 
eontentsof 



Intentionally 
damaging or 
tampering 



PAET IV. 

P&NALTIBS. 

20* If any person establiehes, mAintainfi or works a telegraph within 
British India^ otherwise than as permitted by a lioense granted under seotiau 
4ii or breaks any eoi)iditioQ oontaiaed . in saoh a tioense^ he shall be punished 
with fine which may extend to one thousand mpaesy and with a further fine 
which may eztend to fire hundred rupees for every week during which the 
line is maintsined or woriced or the breach of the condition continues. 

21. If any person, knowing or having reason to believe that a tolegfaph 
has been established or is maintained or worked in contravention of this Act, 
transipits or receives any message by such telegraph, or performs any service 
incidental thereto, or delivers any message for transmission by such telegraph 
or accepts delivery of any message sent thereby, he shall be punished with fine 
which may extend to fifty rupees* 

22* If a Railway Company, or an officer of a Bailway Company, neglects 
or refuses to oomply with the provisions of section 6, it or he shall be punished 
with fine which may extend to one thousand rupees for every day during 
which the neglect or refusal continues. 
23* If any person — 
(a) without permission of competent authority, enters the signaUroom 
of a telegraph office of the Oovernment, or of a person licensed 
under this Act, or 
(5) enters a fenced enclosure round such a telegraph office in contraven- 
tion of any rule or notice not to do so, or 
(e) refuses to quit such room or enclosure on being requested to do so by 

any officer or servant employed therein, or 
(d) wilfully obstructs or impedes any such officer or servant in the 
performance of his duty, 

he shall be punished with fine which may extend to five hundred rapees. 

24. If any person does any of the acts mentioned in section 23 with the 
intention of unlawfully learning the contents of any message, or of commit* 
ting any offence punishable under this Act, he may (in addition to the fine 
with which he is punishable under section 23) be punished with imprison- 
ment for a term which may extend to one year. 

25. If any person, intending — 

(a) to prevent or obstruct the transmission or delivery of any .meesagCi or 



1880 : Aot XlilJ Telegraphs. 19 

CPart iK^Penaltiei. Sees. 26-98.) 

(5) to interoept or to acquaint himself with the oontents of any mes- with tolo- 

teg€,or ^ 8~P^ 

(e) to commit mischiel^ 
^amages^ removes^ tampers with or touches any battery, machinery, 
telegraph line, post or other thing whatever, being part of or used in or about 
«ny telegraph or in the working thereof, 

he shall be punished with imprieonment for a term which may extend to 
three years, or with fine, or with both. 

26. If any telegraph officer, or any person, not being a telegraph officer Telegnph 
but having official duties oonnected with any office which is used as a tele- ^Sf^ ^ma^ 



graph office.- ^(^ilS 

(a) wilfully secretes, makes away with or alters any message which he has ^sr> ^ 

. received for transmission or delivery, or intercepting 

(J) wilfully and otherwise than in obedience to an order of the Governor meMMOko? 
General in Council or of a Local Government, or of an office dir^^ng 
specially authorized by the Governor General in Council to make rignali. 
the order» omits to tmnsmit, or intercepts or detains, any message 
or any part thereof, or otherwise than in pursuance of his official 
duty or in obedienoe to the direction of a competent Court, discloses 
the contents or any part of the oontents of any message, to any 
person not entitled to receive the same, or 
(e) divulges the purport of any telegraphic signal to any person not 
entitled to become acquainted with the same, 

he shall be punished with imprisoniftent for a term which may extend to 
three years, or with fine, or with both. 

27* If Any telegraph officer transmits by telegraph any message on which Telegtaph 
the charge prescribed by the Government, or by a person licensed under this ^^olenfly 
Act« as the case may be, has not been paid, intending thereby to defraud the "^^^^^ 
Government or that person, he shall be pnniehed with imprisonment for a without 
term which may extend to three years, or with fine, or with both. paymen 

28t If any telegraph officer, or any person not being a telegraph officer ^Moi^daet. 
lut having official duties oonnected with any office which is used as a tele- 
graph office, is guilty of any^ict of drunkenness, carelessness or other miscon- 
duct whereby the correct transmission or the delivery of any message is 
impeded or delayed, or if any telegraph officer loiters or delays in the trans* 
mission or delivery of any message, he shall be punished with imprisonment 
for a term which may extend to three months, or with fine which may extend 
to one hundred rupees, or with both. 

o I 



Sending 

fabricated 

menage. 



Betuning 
a message 
delivered by 
mistake* 



Bribery. 



Attempt* to 

commit 

offences. 



Power to 
employ addi> 
tional polioe 
in places 
where mis* 
cbief to 
telegraphs is 
repeatedly 
committed. 



«0 Telegrapii. [1885 : Act XIII. 

(Fari IF. —'Penal ties. Sees. 29-32. Part V.— Bupplemental Provision. 

Sec. 33.) 

29* If any person transmits or oauses to be transmitted by telegraph a 
message which he knows to be false or fabricated^ he shall be punished with 
imprisonment for a term which may extend to three yearsi or with fine^ or 
with both* 

30. If any person fradalently retains, or wilfully secretes, makes away 
with or detains a message which ought to have been delivered to some other 
persouj or^ being required by a telegraph officer to deliver up any such 
message, neglects or refuses to do so^ he shall be punished with imprisonment 
for a term which may extend to two yearsj or with fine^ or with both. 

31. A telegraph officer shall be deemed a public servant within the 

meaning of sections 161, 162, 168, 164 and 165 of the Indian Pena] Code; ^ XLV of IsGo. 
and, in the deGnition of '^ legal remuneration '' contained in the said section 
1 61, the word ** Government '^ shall^ for the purposes of this Act^ be deemed 
to include a person licensed under this Act. 

32t Whoever attempts to commit any offence punishable under this Act 
shall be punished with the punishment herein provided for the offence. 



PART V. 

SUFPLBMSNTAL PrOVISIOK. 

33. {t) Whenever it appears to the Local Government that any act caus- 
ing or likely to cause wrongful damage to any telegraph is repeatedly and 
Maliciously committed in any place, and that the employment of an additional 
police-force in that place is thereby rendered necessary, the Local G-ovemment 
may send such additional poHce-foroe as it thinks fit to the place, and employ 
the same therein so long as^ in the opinion of that' Government, the necessity 
of doing so continues. 

{2) The inhabitants of the place shall be charged with the cost of the 
additional police-force, and the District Magistrate shall, subject to the orders 
of the Local Gbvernment^ assess the proportion in which the cost shall be paid 
by the inhabitants according to his judgment of their respective means. 

(d) All moneys payable under sub-section {2) shall be recoverable either 
under the warrant oE a Magistrate by distress and sale of the moveable pro- 
perty of the defaulter within the local limits of his jurisdiction, or by suit in 
any competent Court. 

(^ The Local Gk)vemment may, by order in writing, define the limits of 

any place for the purposes of this section, 

«.. — . — — ' * 

1 Printed^ aeaeral Acts» Vol. I, J£d. 189^ p. 240. 



1885: ActXm.] Telegrapht. 21 

(Pari V.-^^Supjplemental Provision. See, 34.) 
1885 : Act XV«] local Authorities Loan. (Sec. 1.) 

^ 34* (i) This Act> in its application to the Presidenoy-townsj 'shall be AppUoation 
read as if the words '' District Magistrate ** in section 16^ subHsiection (1)^ and Preriden<^« 
section 17^ sub-sections (d) and (3)^ for the words '^ Magistrate of the first or ]»!^ 
second class ^' in section 18j sub-section [1), and for the word '' Magistrate'' 
in section 18^ sab-section (S), there had been enacted the words '^ Commissioner 
of Police/' and for the words '' District Judge^'' in section 16, sab-sections (S)| 
(4) and (6), the words ^* Chief Jodge of the Coart of Small Causes/' 

(9) Section 16^ in its application to the town of Bongoon, shall be read 
as if for the words '^ District Judge^'' whenever they occur in that section^ 
there had been enacted the words '^ Judge of the Court of Small Causes,'' 

(3) The fee in respect of an application to the Chief Judge of a Presi- 
dency Court of Small Causes under sub-seotion (5) of section 16 shall be the 
711 of 1870. same as would be payable under the Court-fees Aotj 1870,> in respect of such 

an application to a District Judge beyond the limits of a Presidency-towD^ and 
fees for summonses and other processes in prcceedings before the Chief Judge 
under sub-section (5) or sub-section {4) of that section shall be payable 
according to the scale set forth in thc^fourth schedule to the Presidency Small 
XV of 1888. Cause Courts Act, 1882.' 

ACT No. XV OF 1885> 

\2nd October, 1885.] 

An Act to amend the Looal Authorities Loan Act| 1879. 

XI of 1879. Whereas it is expedient to amend the Local Authorities Loan Act, 1879 ;• 

It is hereby enacted as follows :"— 

!• After clause {h) of the proviso to section 8 of the said Act the follow- Addition to' 

ing shall be added :— Xlrf^llVa^ 

** or 



^S. 84 was Added by the Indiaa Telegraphs (Presidency-towns) Act, 1888 (XI of 1888)« 
printed, infra, p. 257. 

> Printed, General Acts, Vol. II, Ed. 1898, p. 124. 

* Printed, General Acts, Vol. IV, Sd. 1898. 

^ Short title, " The Local Anthorities Loan Act (1879) Amendment Act, 1885, He the 
Indian Short Titles Act, 1897 (XIV of 1897), printed, General Acts, VoL VX. 

For Statement of Objects and Beasoos, 9ee Gazette of India, 1886, Pt. V, p. 181 } for Report 
of the Select Committee, see ibid, Pt# IV, p. 225 ; and for Proceedings in Conndl, eee ibid, 1886, 
pp. 845, 859 and 1473. 

This Act has been declared in force in the Santhftl Parganas by the SanthA Parganas Settle- 
ment BegQlation (III of 1872), s. 8, as amended by the Santh^l Parganas Laws Regulation, 1886 
(III of 1886), s. 2, printed, Bengal Code, Vol. I, Ed. 1889, p. 697. The Aot Is in force in Upper 
Burma (except the Shan States) as being part of the original Act XI of 1879, declared in force there 
by s. 4 and the First Schedule iff the Burma Laws Act, 1898 (Xlllof 1898). Under s. 6 of the 
Scheduled Districts Act, 1874 (XIV of 1874), printed. General Acts, Vol. II, Ed. 1898, p. 467, it 
had been previously extended there, ue Burma Ga<ette» 1888, Pt. 1, p. 644, and Gazette of India, 
1889. Pt. 1, p. 61. 

■ Printed, General Aeto, Vd. Ill, Ed. 1898, p. 259. 



jii Land JcqutsMon (Mines.) [1885 : Act ZVIIL 

" (e) to affect the power conferred on any local authority by any such 
enactment to charge its funds by guaranteeing the payment of interest on 
money to be applied to any pui*pose to which the funds of the local authority 
can legally be applied/' 



THE LAND ACQUISITION (MINES) ACT, 1885. 



CONTENTS. 



Sbotions. 

1. Short title, commencement and local extent. 

2. Saving for mineral rights of the Government. 

i 

5. Peclaration that mines are not needed. 

4. Notice to be given before working mines lying under land. 

6. Power to prevent or restrict working. 

6. Mode of determining persons interested and amount of compensation. 

7. If Local Government does not offer to pay compensation, mines may 

be worked in a proper manner. 

8. Mining oomniunications. 

9. Local Government to pay compensation for injury done to mines; 

10. and also for injury arising from any airway or other work. 

11. Power to officer of Local Government to enter and inspect the work- 

ing of mines. 

12. Penalty for refusal to allow inspection. 

IS. If mines worked contrary to provisions of this Act^, Local Govern- 
ment may require means to be adopted for safety of land acquired. 

14. Construction of Act when land acquired has been transferred tp a 
local authority or Company. 

IB. Pending eases. 

18, Definition of local authority and Company. 

17. This Act to be read with X^nd Acquisition Act^ 1870. 



1885 : Act XVIII.] Land Acquisition (Mines). SS 

(8ee9.^ I'S.J 

ACT No. XVIII OP 1885.1 

imi October, 1886.'] 

An Act to provide for cases in which Mines or Minerals are situ- 
ate tinder land which it is desired to acquire under the Land 
Acquisition Act, 1870.' 

Whbbeas it is expedient to provide for oases ia whioh mines or minerals 
are situate under land which it is jdesired to acquire under the Land Aoquisi- 
X of 1870. tion Act, 1870; It is hereby enacted as follows :— * 

1. (1) This Aot may be called the Land Acquisition (Mines) Act^ 1885; short title 

HQ j ' oommenoe- 

ment and 

(8) It shall come into force at once. loeal extent. 

(S) It extends in the first instance to the territories admiuistered by the 
Oovernor of Madras in Council and the Lieutenant-Governor of Bengal^ but 
any other Local Oovernment may, from time to time, by notification in the 
official Gazette^ extend this Act to the whole or any specified part of the 
territories under its administration. 

2. Except as expressly provided by this Act, nothing in this Act shall afEect Saving for 

the right of the Oovernment to any mines or minerals. . ^ffhto^of the 

GoTenuutfit. 
8« (i) When the Local Oovernment makes a declaration under section 6 Dedantioa 

X of 187a of the Land Acquisition Act, 1870,* that land is needed for a public purpose ^.^ not 
or for a Company, it may, if it thinks fit, insert in the declaration a etate- ^^^^^ 
ment that the mines of coal, iron-stone, slate or other minerals lying under the 
land or any particular portion of the land, except only such parts of the mines 
or minerals as it may be necessary to dig or carry away or use in the construc- 
tion of the work for the purpose of which the land is being acquired, are not 
needed. 

(2) When a statement as aforesaid has not been inserted in the declaration 
made in respect of any land under section 6 of the Land Acquisition Act, 

X oi 1870. 1870/ and the Collector is of opinion that the provisions of this Act ought 
to be applied to the land, he may abstain from tendering compensation under 



^ For the Statement cf Objects and Befwonl, we Gasette of Indift, 1886» Ft V, p. 146 ; for 
Beport oi the Select Committee, 9fi0 ihidt Pt. IV, p. 264 ; and for Proceedings in Cbnneily «m 
ibid, Bopplement, pp. 886 and 1620, and ibid, Extra Supplement* dated 14fch Marefa^ 1886, p. 41. 

This Act has been declared in force in the Sfuith^l Farganas by the Santhil Farganas 
Settlement Begalation (III of 1872), s. 8, as amended by the Santhfl Aurganas Laws Begnla- 
tion, 1886 (III of 1886), s. 2, printed, Bengal Code, Vol. I, Bd. 1889, p. 607 ; in Angnl and tha 
Khondmals, tee the schednle to the Ajignl IHstriot Begnlatlon, 1894 (I of 1894). 

" See now the Land Acqnidtion Act, 1894 (I of 1894), printed* General Acts, VoL VI 

* See now s. 6 of the Land AoqnisMion Act, 1894 (I of 1894). 



u 



Notice to be 
given before 
working 
mines lying 
under land* 



Power to 
prevent or 
restrict 
working. 



Zand Aequisilion (Mines), 
(Sees. 4-6.) 



[1885 : Act XVIIL 



seotion 11 ^ of the said Land Acquidtioii Act in respect of the mines^ and 
may— 

(a) when he makes an award under section 14 ^ of that Act^ insert such 

a statement in his award ; 
(S) when he makes a reference to the Court under section 15 > of that 

Act, insert such a statement in his reference; or 
{e) when he takes possession of the land under section 17 > of that Act, 
publish such a statement in such manner as the Gbvemor Generiil 
in Council may^ from time to time^ prescribe, 
(5) If any such statement is inserted in the declaration^ award or reference 
or published as aforesaid, the mines of coal, iron-stone, slate or other minerals 
under the land or portion of the land specified in the statement, except as 
aforesaid, shall not vest in the Government when the land so vests under the 
said Act. 

4. If the person for the time being immediately entitled to work or get 
any mines or minerals lying under any land so acquired is desirous of working 
or getting the same, he shall give the Local Government notice in writing of 
his intention so to do sixty days before the commencement of working. 

5, (1) At any time or times after the receipt of a notice under the last 
foregoing section and whether before or after the expiration of the said period 
of sixty days, the Local Government may cause the mines or minerals to be 
inspected by a person appointed by it for the purpose ; and 

(j9) If it appears to the Local Government that the working or getting of 
the mines or minerals, or any part thereof, is likely to cause damage to the 
surface of the land or any works thereon, the Looal Government may publish 
in such manner as the Governor General in Council may, from time to time 
direct, a declaration of its willingness, either— 

(a) to pay compensation for the mines or minerals still unworked or 
ungotten, or that part thereof, to all persons having an interest 
in the same; or 

(S) to pay compensation to all such persons in consideration of those 

mines or minerals, or that part thereof, being worked or gotten 

in such manner and subject to such restrictions as the Looal Qov- 

emment may in its declaration specify. 

{3) If the declaration mentioned in case (a) is made, then those mines or 



* See now s. 11 of the Land Acquisition Act, 1894 (I of 1894\ printed. General Aete Vol VI 

• See DOW a. 19 of the Land Acquisition Act, 1894 (I of 1894). > • • 
' See now s. .17 of the Land Acqnirition Act, 1894 (I of 1894). 



1885 : Act XVIIL] land Acquisition (MinaJ. 25 

(Sees. 6-8.) 

minerals, or that part thereof, shall not thereafter be worked or gotten by any 
person. 

{4) If the declaration mentioned in case {b) is made, then those mines or 
minerals, or that part thereof, shall not thereafter be worked or gotten by any 
person save in the manner and subject to the restrictions specified by the 
Local Government. 

6 When the working or getting of any mines or minerals has been pre* Mode of 
vented or restricted under section 5, the persons interested in those mines or perMns^'^ 
minerals and the amounts of compensation payable to them respectively shall, ^^I'^^o^ 
subject to all necessary modifications, be ascertained in the manner provided <^ oompenM- 
X of 1870. by the Land Acquisition Act, 1870,^ for ascertaining the persons interested in 
the land to be acquired under that Act, and the amounts of cojnpensation 
payable to them, respectively. 

7t {1) If before the expiration of the said sixty days the Local Govern* if Local Oot« 
ment does not publish a declaration as provided in section 5^ the owner> lessee nli^'^^ t^ 
or occupier of the mines may, unless and until such a declaration is subse- P^? oomiwn- 

wtioxiy mines 

quently made, work the mines or any part thereof in a manner proper and mav be work- 
necessary for the beneficial working thereof, and according to the usual man- manni.^'*'^^ 
ner of working such mines in the local area where the same are situate. 

{^) If any damage or obstruction is caused to the surface of the land or 
any works thereon by improper working of the mines, the owner, lessee or 
occuper of the mines shall at once, at his own expense, repair the damage or 
remove the obstruction, as the case may require. 

(5) If the repair or removal is not at once effected, or, if the Local Gov- 
ernment so thinks fit, without waiting for the same to be effected by the o wner^ 
lessee or occupier, the Local Government may execute the same and recover 
from the owner, lessee or occupier the expense occasioned thereby. 

8. If the working of any mines is prevented or restricted under section 5, Ifining oom- 
the respective owners, lessees and occupiers of the mines, if their mines extend °^^" '^^^ 
60 as to lie on both sides of the mines the working of which is prevented or 
restricted, may cut and make such and so many airways, headways, gateways 
or water-levels through the mines, measures or strata, the working whereof is 
• prevented or restricted, as may be requisite to enable them to ventilate, drain 
and work their said mines; but no such airway, headway, gateway or water- 
level shall be of greater dimensions or section than may be prescribed by the 
Governor General in Council in this behalf, and, where no dimensions are so 
prescribed, not greater than eight feet wide and eight feet high, nor shall the 



> See now the Land Acquisition Act, 1894 ([ of 1884), printed, General Aote, Vol. VL 



26 



Local QoY- 
ernmen to 
pay cotnpen- 
BalioD for 
injury done 
to mines $ 



snd also for 
injury aris- 
ing from 
any airway or 
other workk 



Power to 
officer of 
Local Govetn- 
ment to enter 
and inspect 
the working 
of mines. 



Penalty for 
refusal to 
allow haspeo- 
tlon. 



Land Acquisition (Mi^esJ.\ 
(Seek. 9-12.) 



[1886: ActXVIIL 



same be cut or made apon any part of the sarface or works, or so as to iDJUre 
the same, or to interfere with the use thereof. 

9. The Local Government shall, from time to time, pay to the owner, 
lessee or oconpier of any such mines extending so as to lie on both sides of the 
mines, the working of which is prevented or restricted, all snch additional 
expenses and losses as may be incurred by him by reason of the severance of 
the lands lying over those mines or of the continuous working of those mines 
being interrupted as aforesaid, or by reason of the same being worked in such 
manner and under such restrictions as not to prejudice or injure the surface or 
works, and for any minerals not acquired by the Local Government which can- 
not be obtained by reason of the action taken under the foregoing sections ; 
and if any dispute or question arises between the Local Government and the 
owner, lessee or occupier as aforesaid, touching the amount of those losses or 
expenses, the same shall be settled as nearly as may be in the manner provided 
for the settlement of questions touching the amount of compensation payable 
under the Land Acquisition Act, 1870.^ 

lOt If any loss or damage is sustained by the owner or occupier of the 
lands lying over any such mines, the working whereof has been so prevented 
or restricted as aforesaid (and not being the owner, lessee or occupier of ihose 
mines), by reason of the making of any such airway or other works as afore- 
said, which or any like work it would not have been necessary to make bat for 
the working of the mines having been so prevented or restricted a;s aforesaid, 
the Local Gt)vemment shall pay full compensation to that owner or occupier 
of the surface lands for the loss or damage so sustained by him. 

11. For better ascertaining whether any mines lying under land acquired 
in accordance with the provisions of this Act are being worked, or have been 
worked, or are likely to be worked so as to damage the land or the works 
thereon, an officer appo nted for this purpose by the Local Government may, 
after giving twenty-four hours' notice in writing, enter into and rieturn from 
any such mines or the works connected therewith i and for that purpose the 
officer so appointed may make use of any apparatus or machinery belonging to 
the owner, lessee or occupier of the mines, and use all necessary means for dis- 
covering the distance from any part of the land acquired to the parts of the 
mines which have been, are being or are about to be worked. 

18. If any owner, lessee or occupier of any such mines or works lefuaes to 
allow any officer appointed by the Local Government for that purpose to ent er 



X of 187a 



^ S^e now the Land Acqnisitioii Aot, 1894 (I of 1894), printed. Qenexal Aota* Vol. VI. 



^885 ; Act ZYIII.] land Acquidtion (Mines). £7 

(Sea. 18'IB.J 

into and inspect any suoii mines or works ia manner aforesaid, he shall be 
pcmished with fine which may extend to two hundred rupees* 

13. If it appears that any such mines have been worked contrary to the U mines 
provisions ^ q£ this Act^ the Local Government may, if it thinks fit, give notice tmy to pro- 
to the owner, lessee or occupier thereof to construct such works and to adopt thii'let^ 
aqoh means as may be necessary or proper for making safe the land acquired, ^^ooal Govern* 
and the works thereon, and preventing mjury thereto ; and if, after such require 
notice, any such owner, lessee or occupier does not forthwith proceed to con- ^J^^^edf^ 
struct the works necessary for making safe the knd acquired and the works aafeijy^ land 
thereon, the Local Government may itself construct the works and recover the 

expense thereof from the owner, lessee or occupier. 

14. When a statement under section 8 has been maJe regarding any land, Consimctioa 
and the knd has been acquired by the Government, and has been transferred land acqiured 
to, or has vested, by operation of law, in, a local authority or Company, then 5?^^^^^ 
sections 4 to IS, both inclusive, shall be read as if for the words ^'the Local to a local 
Government, *' wherever they occur in those sections, the words ''the Local cSm^y,^ 
authority or Company, as the case may be, which has acquired the land '* were 
substituted. 

15. (i) This Act shall apply to any land for the acquisition whereof pro- £^f^ 
X of 1870« ceedings under the Land Acquisition Act, 1870,' are pending at the time when 

this Act comes into force, unless before that time the Collector has made, in 
respect of the land, an award under section 14 ' or a reference to the Court 
under section 16 ' of that Act, or has taken possession of the land ander section 
17 ' of the same. 

{2) When the Collector has before the said time made an award or refer- 
ence in respect of any such land or taken possession thereof as aforesaid, and 
all the persons interested in the land, or entitled under the Land Acquisition 
Act, 1870,' to act for persons so interested, who have attended or may attend 
in the course of the proceedings under sections 11 to 15, both inclusive, of the 
Land Acquisition Act, 1870,' consent in writing to the application of this Act 
to the land, the Collector may by an order in writing direct that it sbaUapply^ 
and thereupon it shall be deemed to have applied from the commencement of 
the proceedings ; and the Collector shall be deemed, as the case may be, to 
have inserted in his award or reference, or to have published in the prescribed 
manner, when he took possesaion^ the statement mentioned in section 3 of this 
Aot« 

^ 8m 8. 7, sathseetion (1), 9Ufn*a 

> See now the Land Acqnialtioii Ac^ 1894 (I of 1894), printed. General Acts, Vol. VI. 

* See now m. 11^ 19 and 17, reepectively, of the Land Aoquisitton Act, 1894 ^ of 1894). 



28 Zand AequuiHon. (Sees. 16-17.J [1885 : Act XVill. 

Ineome4a9. [1886 : Aot IL 

Definition of 16. In this Act— 

locsl ftU- 

tbority and (a) '' local aathority " means any municipal committee^ district boaid| 

Company. y^^ ^ ^^^ commissioners or other aathority legally entitled tO| 

or entrusted by the Government with^ the control or management 
of any municipal or local £und ; and 
[b) " Company '' means a Company roistered under any of the enact- 
ments relating to Compan«es from time to time in force in British 
India, or formed in pursuance of an Act of Parliament or by Boyal 
Charter or Letters Patent, 
be^rei^itb ^^* ^^^ ^^ shall, for the purposes of all enactments for the time being 

Land Ao- in force, be read with and taken as part of the Land Acquisition Aotj 1870.^ X of 1870. 

qnisition 

Act, 1870, 



THE INCOME-TAX AOT, 1886. 



CONTENTS. 



CHAPTER 1. 

Pbblimina&t. 

Sbctions. 

1. Extent and commencement. 

2. Bepeal. 

8. Definitions. 



CHAPTER n. 

Liability to Tax. 

4. Incomes liable to the tax. 

5. Exceptions. 

6. Power to make exemptions. 



CHAPTER in. 

ASSBSBMBNT AND CoiiLBOTION. 

A.— Salaries and Pensions. 

7. Mode of payment in case of Government officials and pensioners. 

8. Mode of payment in case of servants and pensioners'of local authorities. 

Sm no^ tlio Land Aoqnisiiion Act» 1894 (I of 1894), printed, Genena Aeli, Vol. YL 



1886 : Act II.] Ineome-iax. 29 

Sbotions. ' 

9* Mode of payment in case of servants and pensioners of companies and 
priyaie employers. 

10. Annnal retnm by principal officer of company or associatiion. 

B. — Profits of Companies. 

11. Annnal statement of nett profits. 

12. Bower to reqnire officers of companies to produce accounts. 

C— Interest on Securities. 

13. Mode of payment of tax on interest on securities. 

D. — Other Sources of Income. 

Ordinarjf Mode of Assessment and Collection. 

14. Collector to determine persons chargeable. 

15. Mode of making assessment. 

16. List of incomes under two thousand rupees. 

17. Notices to persons with incomes of two thousand rupees and upwards. 

18. Power to modify ordinary procedure in special cases. 

19. Time and place of payment. 

Trustees, Agents, Managers and Incapacitated Persons, 

20. Trustees^ guardians and conmiittees of incapacitated persons to be 

charged. 

21. Non-residents to be charged in names of their agents. 

22. Beceivers^ managers^ Courts of Wards^ Administrators General and 

Official Trustees. 

23. Power to retain duties charged on trustees^ etc. 

Occupying Owners. 

24. Provision for tax on occupying owners. 



CHAPTEE IV. 

BftvisiON 09 Assessment. 

25. Petition to Collector against assessment under Part IV* 

26. Hearing of petition. 

27. Petition to Commissioner for revision. 
2S. Power to sxmimon witnesses^ etc. 



90 Ineome-iax. [1886 : At/t II 

CHAPTER V, 

BeOOYBBT of AaiUfABB OF TikXj 

Sections. 

29. Tax when payable. 

SO. Mode and time of recoverj. 



CHAPTER VI. 

SUFPLSMBRTAL PROVISIONS. 

Composition^ 

51. Agreements for composition. 

BeceiptM* 

52. Receipts and their contents. 

Amendment of Juessmeni, 

SS. Amendment of assessment, 

S4« Failure to make payments or deliver returns or statements. 

55. False statement m declaration. 

56. Prosecution to be at instance of Collector. 

ST. Sections 193 and iZS of Penal Code to apply to proceedings. 

Power to Make Rules, 
38. Power to make mles. 

Miscellaneous. 

m 

S9. Bar of suits in Civil Court. 

40. Exercise of powers of Collector and Commissioner, 

41. Obligation to furnish information respecting lodgers and employes. 

42. Trustees and agents to furnish information as to beneficiaries and 

principals. 

43. Trustees^ etc.^ to furnish information as to income. 

44. Obligation to furnish other information. 

45. Sections 176 and 177 of Penal Code to apply to requisitions for 

information. 

46. Service of notices. 

47. Power to declare principal place of business or residence. 

48. Saving in favour of payers of p&ndhari and capitation taxes. 

49. Indemnity. 

50. Powers exerciseable from time to time. 



THE FIRST SCHEDULE. — Enaotmbnts bbfbalbd. 

THE SECOND SCHEDULE.-— Soubobs of Inoomb and Raxbs of Tax. 

THE THIRD SCHEDULE.— Fobm of Pbtition. 



1886 : Act IL] Ineome-taa. 81 

(Ctap. L — iPrelimifMry. Sees, l-5») 

. ' • ■ • ' , . . 

ACT No. II OF 1886*i 

[S9ii January, 1886.'] 

An Act for imposing a tax on ineome derived from sources other 

than agriculture. 

Whbbeas it is expedieot to impose a tax on income derived from soorcefl 
other than agriculture ; It is hereby enacted as follows :*- 

CHAPTER !• 

PULIMINABT. 

!• (i) This Act extends to the whole of British India^ and applies alsoi Extent ani 
within the dominions of Princes and States in India in alliance with Her meat. 
Majesty^ to British subjects in those dominions who are in the service of the 
Government of India or of a local authority established in the exercise of the 
powers of the Gh)vernor General in Council in that behalf ; and 

(8) It shall come into force on the let day of April, 1886. 

(S) [Bep. by tie Repealing and Amending Act, 1891 (XII of 1891).^] 

2. On and from the day on which this Act comes into force the enact- Bopeal 
ments specified in the first schedule to this Act shall be repealed^ exqept as 
to fees payable and other sums due under those enactments and the mode of 
recovering the same. 

8. In this Act, unless there is something repugnant in the subject or Definitions, 
context,— 

(i) ^' local authority '' means any municipal committee^ district boards 
body of port commissioners or other authority legally entitled to^ or entrusted 
by the Government with^ the control or management of asy municipal or 
local fund : 

{S) *' company ^' means an association carrying on business in British 
India, whose stock or funds is or are divided into shares and transferable, 

1 Short title, " The Indian Income-tax Act, 1886, " fee the Indian Short Titles Act, 1807 
(XIV of 1897), printed, General Acts, Vol. VI. 

For Statement of Objects and Beasons, eee Gazette of India, 1886, Pt. V, p. 88 s for Beport of 
the Select Committee, eee ibid. Ft. IV, p. 41 ; and for Proceedings in Council, eee ibid. Supplement, 
pp. 46, 179 and 214. For consolidated rules made under the powers conferred by the Act, gee 
Gazette of India, 1890, Pt. I, p. 409— Notification No. 2768. 

Act II of 1886 has been declared in force in the Santhil Parganas by the Santh£l Parganas 
Settlement Begulation (III of 1872), s. 8, as amended by the SanthAl Parganas Laws Begulation, 
1886 (III of 1886) printed, Dengal Code, Vol I, Ed. 1889, p. 697 ; in Upper Burma (except the 
Shan States) by the Burma Laws Act, 1898 (XIII of 1898), tee the First Sehedule and s. 4. 

The Act had already been extended there under 8. 6 of the Scheduled Districts Aot^ 1874 (XIV 
of 1874). M« Gazette of India, 1896, Pt. I, p. 974. 

> Printed, General AcU, Vol. VL 



82 Income-tax, [1886 : Act IL 

(Chap. I. '^Preliminary. See. 8 J 

whether the company is incorporated or not, and whether its principal place 
of business is situate in British India or not : 

(3) *^ prescribed ^' means prescribed by the Governor General in Conncil 
by notification in the Gazette of India, or by the Governor General in Council 
or a Local Government by rules made under this Act : 

{4) '^ salary '' includes allowances^ fees^ commissions^ perquisites or profits 
received^ in lieu of or^in addition to a fixed salary, in respect of an office or 
employment of profit ; but, subject to any rules which may be prescribed in 
this behalf, it does not include travelling, tentage, horse or sumptuary allow- 
ance, or any other allowance granted to meet specific expenditure : 

(0) ^^ income '^ means income and profits accruing and arising or received 
in British India, and includes^ in the case of a British subject within the 
dominions of a Prince or State in India in alliance with Her Majesty, any 
Salary, annuity, pension or gratuity payable to that subject by the Govern- 
ment or by a local authority established in the exercise of the powers of the 
Governor General in Council in that behalf : 

(ff) '' Magistrate '' means a Presidency Magistrate or a Magistrate of the 
first or second class : 

(7) '' person " includes a firm and a Hindu undivided family : 

(8) ''defaulter '' includes a company or firm making default under this 
Act: 

(9) '' Collector '* means the chief officer in charge of the revenue-adminis* 
tration of a district, and, in a Presidency-town, any officer whom the Local 
Government, by notification in the official Gazette, may, by name or by 
virtue of his office, appoint to be a Collector for the purposes of this Act ; in 
the case of a company or firm, it means the Collector, as here defined, of the 
district or presidency-town in which its principal place of business in British 
India is situate ; and, in the case of any other person chargeable under this 
Act, it means the Collector, defined as aforesaid^ of the district or presidency- 
town in which the person has his residence : 

{10) " principal officer, " used with reference to a local authority or a 
company or any other public body or association not being a local authority 
or company, means— 

(a) the secretary, treasurer, manager or agent of the authority, company, 

body or association ; or 
(h) any person connected with the authority, company, body or associa- 
tion upon whom the Collector has caused a notice to be served of 
his intention of treating him as the principal officer thereof ; and 
(IJ) ^^ Part '' means a Part of the second schedule to this Act. 



1886 : Act 11.] Ineome4ax. 83 

(Chap. IL^LtabiUty to Tax. Sees. 4^.) 

CHAPTER 11. 
LiABiLiTT TO Tax, 
4. Subject to the exceptions mentioned in the nex^ following section, J^^*^^ 
there shall be paid, in the year beginning with the first day of April, 1886, ^gj^^ 
and in each subseqnent year, to the credit of the Government of India, or as 
the Governor General in Conncil directs, in respect of the sources of income 
spedfiedin the first colnmn of the second schednle to this Act, a tax at the rate 
specified in that behalf in the second column gf that schedule. 

6. (1) Nothing in section 4 shall render liable to the tax — VioepHoni. 

(a) any rent or revenue derived from land which is used for agricultural 
purposes and is either assessed to land-revenue or subject to a local 
rate assessed and collected by ofllcials of the Government, as sudi ; 
or 
(8) any income derived from— 
® agriculture, or 

(ii) the performance by a cultivator or receiver of rent-in-kind of 
any process ordinarily employed by a cultivator or receiver of 
rent-in-kind to render the produce raised or received by him 
fit to be taken to market, or 
^) the sale by a cultivator or receiver of rent-in-Und of the produce 
raised or received by him, when he does not keep a shop or 
stall for the sale of. such produce ; or 
(c) any building owned and occupied by the receiver of the rent or 
revenue of any such land as is referred to in clause (a), or by the 
cultivator, or the receiver of rent-in-kind, of any land with respect 
to which or the produce whereof any operation mentioned in clause 
(i) is carried on : 
Provided that the building is on or in the immediate vicinity of the 
land, and is a building which the receiver of the rent or revenue, or 
the cultivator or the receiver of the rent-in-kind, by reason of his 
connection with the land, requires as a dwellingp-house, or as a etore- 
house^ factory or other out> building; or 
{i) any profits of a shipping company incorporated or registered out of 
British India and having its principal place of business out of India 
and its ships ordinarily engaged in seagoing traffic out of Indian 
waters; or 

VOL, V. D 



84 Ineome-taof. [1886 1 Act II. 

fCJiap. II. — Liability to Tax. See. 6. Chap. III.—Aseeesment and 

Collection. See. 7.J 

{e) any income derived from property solely employed for religions or 

pnblic charitable' 'pniposes ; or 
(/) any income which a person enjoys as a member of a company or of 
a firm or of a Hindu undivided family when the company or tiie 
firm or the family is liable to the tax ; or^ 
Qjf) subject to any conditions and restrictions which may be prescribed in 
this behalf, such portion, not exceeding one-sixth, of the income in 
respect whereof a person would, but for this exception, be chargeable 
under this Act, as is*deducted from the salary of the person under 
the authority or with the permission of the Government for the 
purpose of securing a deferred annuity to him or a provision to 
his wife or children after his death or is paid by the person to an 
insurance company in respect of an insurance or deferred annuity 
on his own life or on the life of his wife ; or 
(i) any interest on stock-notes ; or 

(») the salary of any officer, warrant-officer, non-commissioned officer or 
private of Her Majesty's Forces or of Her Majesty's Indian Forces 
who is not in an employment which^ according to the ordinary 
practice, is held indifferently by military persons and civilians, and 
whose salary does not exceed five hundred rupees per mensem ; or 
U ) *^y person whose income from all sources is less than five hundred 

rupees per annum. 
(2) An officer or servant is not exempt from taxation under this Act by 
reason only of the income of his employer being exempt therefrom under this 
section. 
Power to 6. The Governor General in Council may, by notification in the Gassette of 

mAe exemp. j^^^j^^ exempt from liability to the tax i the whole or any part of the income of 
any class or tribe, or of any persons residing in any specified area, and may by 
like notification, revoke the exemption. 



CHAPTER III. 

AsSBSSHEin? AND COLLBOTION. 

A. — Salaries and Pensions. 
Mode of pay- 7. In the Case of a person receiving any salary, annuity, pension or 



^ For the coDiolidAted notification as to exemptions from tax and assessiuent under the Aot. 
igiued vnder this I. 6 and f . S8, «## Gaiette of India, 1890, Pt. I, p. 408. and ikid, 189^ Pi. L 
p. 647. 



1886 : Act 11.] Ineome^as. 

(Chap. IIL-^Atieisment and Collection. Sect, 8-10.) 



85 



•gratuity from the Ooverament^ any Bnm payable to him by the Ooyernment 
in respect of the salary^ annuity^ pension or gratuity shiU ba redacad by the 
4imount of the tax to whioh he is liable under Part I in respect thereof. 

8. (i) In the case of a person receiving any salary^ annuity, pension or 
gratuity from a local authority, the tat to which he is liable under Part 
I shall, at the time of the payment to him of any of the salary, annuity, 
pansion or gratuity, be deducted therefrom by the officer whose duty it is to 
make the payment, and be paid by that officer within the prescribed time to the 
-eredit of the G-overnment of India or as the Oo^ernor General in Council 
-directs. 

(2) If that officer does not deduct and pay the tax as required by sub- 
jection (i), he shall, without prejudice to any other consequences which he 
may incur, be deemed to be parsonally in default in respect of the tax. 

(S) If, when any payment is made, the tax is from any cause not de- 
ducted, it may, and on the requisition of the Oollector shall, be deducted 
when any salary, annuity, pension or gratuity is subsequently pjkid to the 
person liable to the tax. 

{4) The power to deduct under this section shall be without prejudice to 
any other mode of recovery. 

9. {1) The tax to which a person receiving any salary, annuity, pension 
or gratuity from a company, or from any other public b>dy or association 
not being a local authority or company, or from a private employer, is liable 
under Part I, shall be payable by him at the time when any portion oE the 
salary, annuity, pension or gratuity is paid to him. 

(9) The Collector may, subject to such conditions as may be prescribed, 
«nter into an arrangement with any company, or any such body or associa- 
tion as aforesaid, or any private employer, with respect to the recovery on 
behalf of the Government b^ the company, body, association or employer of 
the tax to which any person i*6oeiving any salary, annuity, pension or gratuity 
from the company, body, association or employer is liable under Part I. 

10. The principal officer of every local authority, and of every company, 
and of every other public body or association not being a local authority or 
company, shall prepire, and, on or before the fifteenth day of April in each 
year, deliver or cause to be delivered to the Collector, in the prescribed form, 
« return in writing showing— 

(a) the name of every person who is receiviog at the date of the return 
any salary, annuity or pension, or has received during the year 
ending on that date any gratuity, from the authority, company, 

d2 



meat in oaae 
of Govern- 
ment offlolftle 
and pension- 
ers. 

Mode of pay- 
ment in ease 
of servants 
and pension- 
ers of local 
anthorities. 



Mode of pay* 
ment in ease 
of serranta 
and pension* 
ers of oom- 
panieaand 
private em* 
ployerit 



Annnal 
retnin by 
prindpaiol 
oer of com- 
pany or 
assodailioa. 



Anniiilitat6« 
mcnt of Dfltt 
proflti* 



Power to 
require oiA- 
oen of com" 
panieeto 
prodooe 
Moonnts, 



Mode of piy- 
ment of tax 
onifllerert 
onMfurltifiB. 



86 Income-tax. [1886 ; Act n« 

fChap. III.'^-'Attessmeni and Colleetian. Sea. 11-13 J 

body or association^ as the case may be^ and the address of every 
sach person so far as it is known ; and 
{b) the amount of the salary^ annuity^ pension or gratuity so received by 
each such person^ and the time at which the same becomes payable 
or, in the case of a gratoityi was paid. 

B.— Profits of Companies. 

11. The principal officer in British India of every company shall prepare^ 
and on or before the fifteenth day of April in each year, deliver or canse to be 
delivered to the Collector, a statement in writing signed by him of the nett 
profits made in British India by the company during the year ending on the 
day on which the company's accounts have been last made up, or^ if the com« 
pany^s accounts have not been made up within the year ending on the thirty- 
first day of March in the year immediately preceding that for which die 
assessment is to be made, then of the nett profits so made during the year 
ending on the said thirty-first day. of March. 

12» (i) If the Collector has reason to believe that a statement delivered 
under section 11 is incorrect or incomplete, he may cause to be served on the 
principal officer of the company a notice requiring him, on or before a date to 
be therein mentioned, either to attend at the Collector's office and produce, 
or to cause to be there produced, for the inspection of the Collector, such of 
the accounts of the oompany as refer to the year to which the statement 
relates and as are in his possession or power. 

(2) On the day specified in the notice, or as soon afterwards as may be, 
the Collector shall, by an order in writing, determine the amount at which the 
oompany shall be assessed under Fart II, and the time when the amount 
shall be paid, and, subject te the provisions of this Act, that amount shall be 
payable accordingly. 

C— Interest on Securities. 

13. (i) The tax payable under Part III in respect of the interest on any 
of the securities mentioned in that Part shall, at the time when and place 
where any of the interest is paid, be deducted therefrom by the person 
empowered to pay the interest, and be paid by that person within the pre- 
scribed time to the credit of the Government of India or as the Governor 
General in Council directs. 

(8) If that person does not deduct and pay the tax as required by sub« 
section (i), he shall, without prejudice to any other consequenoee which he 
may incur, be deemed to be personally in de&ult in respect of the tax. 



1886 : Act II.] Tneome-tax. 87 

(Chap, IIL^^Assessment and Colleetion, Sees, 14-16.) 

D.-— Other Sources of Income. 

Ordinary Mode of Jstenment and Colledion. 

14. The Collector shall^ from time to time determine what persons are Colleotor to 
chargeable under Part IV, and the amount at which every person so charge- ^J^^jf"* 
able shall be assessed* cfaarg^able. 

15. (i) The assessment shall be made upon the inoome accruing to the Mode of 
person during the year ending* on the day on which his accounts have been SHj^tl*' 
last made up, or, if his accounts have not been made up within the year 
ending on the thirty-first day of March iu the year immediately preceding 

that for which the assessment is to be made, then upon the income accruing 
to him during the year ending on the said thirty-first day of March, 

{2) In the case of a person for the first time becoming chargeable under 
Part IV within the year for which the assessment is to be made, or within 
the year next before that year, the assessment shall be made according to an 
average of his income for such period as the Collector, having regard to the 
circumstances, directs. 

16. (i) The Collector shall in each year prepare a list of the persons JM ol 
chargeable under Part IV whose annual income [does not, in his opinion, ^Sr1!wo 
amount to two thousand rupees. thonmid 

(8) The list shall be in the prescribed language or languages, 'and shall '"'^* 
state in respect of every such person the following particulars, namely :— 

(a) his name, and the source or sources of the income in respect of 

which he is chargeable ; 

(b) the year or portion of the year for which the tax is to be paid ; 

(c) the place or places, district or districts, where the income accrues ; 

(d) the amount to be paid ; and 

{e) the place where, and the person to whom, the amount is to be paid. 

{3) The list shall be filed in the office of the Collector, with a notifica- 
tion prefixed thereto requiring every ' person mentioned in the list to pay, 
within OLxty days from a date specified in the notification, the amount stated 
in the list as payable by him, or to apply to the Colleotor, within thirty days 
from that date, to have the assessment reduced or cancelled. 

(4) The hst so filed shall be open to inspection at all*reasonable times 
without any payment. 

(5) The list, or such part or parts thereof as the Collector thinks fit, with 
the notification prefixed thereto, shall be further published injsuch manner as 



88 



Income^am. [1886 : Aot II 

(Chap. IIL-^ Assessment and Collection. Sees. 17'18J 



Notices to 
penonB with 
inoomei of 
two thousand 
rupees and 
upwards. 



Power to 
modify 
ctdinaiy 
procednxe 
in special 



the Local Government may consider to be beet adapted for giving information^ 
to all persons concerned. 

{6) The Hst to be prepared in each year may be the hst of the previous 
ye^ with such amendments as the Collector finds to be necessary. 

17* In the case of a person chargeable nnder Fart IV whose annusd income 
IB, in the Collector's opinion, two thousand rupees or upwards^ the Collector 
shall cause a notice to be served on him stating the particulars {a) to (e), both 
inclusive, mentioned ia section 16, sub-section {3), and requiring him to pay, 
within sixty days from a date specified in the notice^ the amount stated therein 
as payable by him, or to apply to the Collector, within thirty days from that 
date, to have the assessment reduced or cancelled. 

18. (i) Notwithstanding anything contained in section 16 or section 17, 
the Local Government may make rulee*-* 

(a) authorising or directing a Collector in specified cases, or classes of 
cases, to include in a list under section 16 any person who is liable 
to be served with a notice under section 17 instead of or in addition 
to serving him with such a notice, and to serve a notice under 
section 17 on any person liable to be included in a hst under section 
16 instead of or in addition to including him in such a list ; 
lb) autiiorising the Collector in any specified town or place to cause a 
general notice to be published, inviting every person chargeable 
under Part IV to deliver or cause to be delivered to the Collector, 
within a time specified in the notice, a return, in a prescribed form, 
pubhshed with the notice, of his income during the year ending on 
the day on which his accounts have been last made up, or, if his 
accounts have not been made up within the year ending on the 
thirty-first day of March in the year immediately preceding that 
for which the assessment is to be made, then of his income during 
the year ending on the said thirty-first day of March ; 
{c) authorising Hie Collector in any presidency-town to cause a special 
notice to be served on any person chargeable under Part IV,. 
inviting him to deliver or cause to be deUvered to the Collector, 
within a time specified in the notice, a return, in a prescribed form, 
accompanying the notice, of his income computed in the manner 
described in clause (i) of this sub-section. 

{9) A return dehvered under rules made under clause (b) or clause {e) of 
Bub-section (1) must state the period during which the income has actually 
accrued ; and there must be added at the foot thereof a declaration that the 



1886 : Aot II.] In0ome-4a». Sft 

(Chap. III. — Assessment and Collection. Sees. 19^28.) 

income shown in the retain is truly estimated on all the som*oes therein men- 
tionedy that it has actually accrued within the period therein stated, and that 
the person making the return has no other sources of income. 

(5) When a Collector authorised in that behalf by rules made under clause 
(i) or clause (^) of sub-seotion (i) has caused a notice to be published or served 
under those rules, ho shall not include any person to whom the notice applies 
in any list made under section 16 or serve a notice on him under section 17 
until the time specified in the notice published or served under those rules has 

expired. 

{4) Rules made under this section shall be published in the official Gazette. 

19, Every amount specified as payable in a list or notice prepared or served Tim« ana 
under section 16 or section 17 shall be paid within the time, at the place, and ^^t.^^^ 
to the person, mentioned in the list or notice. 



Trusiees, Agents, Managers and Ineapaeitated Persons. 

20. A person being the trustee, guardian, curator or committee ol any TnuteeB, 
infant, married woman subject to the law of England, lunatic or idiot, and SdoMttlilt- 
having the control of the property of the infant, married woman, lunatic or *®*J ^^ "^<*' 
idiot, whether the infant, married woman, lunatic or idiot resides in British pexwns to ba 
India or not, shall, if the infant, married woman, lunatic or idiot is chargeable ®^'^' 
under Part IV, be chargeable under that Part in like manner and to the 

same amount as the infant would be chargeable if he were of full age, or 
the married woman if she were sole, or the lunatic or idiot if he were capable 
of acting for himself. 

21. Any person not resident in British India, whether a subject of Her Kon-rMi. 
Majesty or not, being in receipt, through an agent, of any income chargeable ©Sw^ i^ 
under Part IV, shall be chargeable under that Part in the name of the agent '^^ ^ 
in the like manner and to the like amount as he would be chargeable if he wer« ^" ^^^^ 
resident in British India and in direct receipt of that income. 

22. Receivers or managers appointed by any Court in India, the Courts Btoeiven, 
of Wards, the Administrators General of Bengal, Madras and Bombay, and SMuSd? 
t&e Official Trustees shall be chargeable under Part IV in respect of all in- ^•>^^ ^d* 
come officially in their possession or under their control which is liable to Oentmrniid 
awessment under that Part. OffloialTrog. 

28, When a trustee, guardian, curator, committee or agent is, as such, Fowtr to 
assessed under Part IV, S^edt* 

or when a receiver or manager appointed as aforssaid, a Court of Wards, an ^^>>^^' «to. 



40 



ProTition 
fortai on 
oecopyiDg 
owneft. 



(Ciafi. III. 



In€om4aM. [1886 : Act IL 

-Aisessment and Collodion. See* 24. Chap, IV. — Bevieion 
qf Assessmeni. Sees. 25^27 J 



AdminiBtrator General or aD Official Trustee is assessed under that Part in 
respect o£ income officially received, 

the person or Court so assessed may^ from time to time, out of the money 
ooming to his or its possession as trustee^ guardian, curator, committee or 
agent or as reoeiYer, manager, Court of Wards, Administrator General or 
Official Trustee^ retain so much as is sufficient to pay the amount of the assess- 
ment. 

Oeeupjfinff Ownere. 

24. (1) Where a building is occupied by its owner, it shall be deemed 
a source of income within the meaning of this Act, and, if liable to be 
assessed under this Act, shall be assessed at five-sizths of the gross annual 
rent at which it may reasonably be expected to let, and, in the case of a 
dwelling-house, may be expected to let unfurnished. 

{2) ** Owner, '' as used in this section with reference to a building, means 
the person who would be entitled to receive the rent of the building it the 
bmlding were let to a tenant. 



Petition to 
GcUeotor 
Agftlnst a8« 
Mttment 
under Pari 
IV. 



Hearing of 
petition. 



Petltieatt 



CHAPTER IV. 

Rbvision of Absbssmbmt. 

25« (i) Any person objecting to the amount at which he is assessed, or 
denying his liability to be assessed, under Part IV may apply by petition to 
the Collector to have the assessment reduced or cancelled. 

(8) The petition shall ordinarily be presented within the period specified 
in the notification prefixed to the list filed under section 16, or in the notice 
served under section 17, as the case may be. But the Collector may receive 
a petition after the expiration of that period if he is satisfied that the objector 
bad sufficient cause for not presenting it within that period. 

{3) ITie petition shall, as nearly as circumstances admit, be in the form 
contained in the third schedule to this Act, and the statements contained in 
the petition shall be verified by the petitioner or some other competent person 
in the manner required by law for the yerification of plaints. 

26* The Collector shall fix a day and place for the hearing of the peti- 
tion, and on the day and at the place so fixed, or on the day and at the place^ 
if any, to which he has adjourned the hearing, shall hear the petition and 
pass such order thereon as he thinks fit. 

27. Subject to the control of the Local Oovemmeut, the Commissioner 



1886: Act IL] Income-tax. 41 

CCiap. IF.'-^Bevision of Assessment. See. 28. dap. V. — Becoverg qf 

Arrears of Tax. Sees. 29-30.) 

of the Division, on the petition of any person deeming himself aggrieved by Commb- 
an order under section 12, sub-section {2), or section 26 shall^ if the amount revkioii. 
of the assessment to which the petition relates is two hundred and fifty rupees 
or upwards, and may in his discretion if the amount of the assessment is less 
than two hundred and fifty rupees, call for the record of the case, and pass 
such order thereon as he thinks fit. 

28. The Collector or Commissioner may, for the purpose of enabling him I'ower to 

sQinoioi& 

to determine how the petitioner or the company which he represents should be witae leiieto. 
assessed, summon and enforce the attendance of witnesses and compel them 
to give evidence, and compel the production of documents, by the same means, 
and, as far as possible, in the same manner, as is provided in the case of a 
XIYo£ 1881. Civil Court by the Code of Civil Procedure ^ 

Provided that the Collector or Commissioner shall not call for any evi« 
dence except at the instance of the petitioner or in order to ascertain the cor- 
rectness of facts alleged by him. 



CHAPTER V. 
Begovbrt 07 Arebabs of Tax. 

29. The tax chargeable under this Act shall be payable at the time ap- TVucwhen 
pointed in that behalf in or under this Act, or, if a time is not so appointed, 

then on the first day of June in each year. 

30. (i) In any case of default under this Act the Collector, . in his dis* Mode and 
cretion, may recover a sum not exceeding double the amount of the tax cover^. 
either as if it were an arrear of land-revenue or by any process enforceable 

for the recovery of an arrear of any municipal tax or local rate imposed 
imder any enactment for the time being in force in any part of the territories 
administered by the Local Government to which he is subordinate, or may 
pass an order that a sum not exceeding double that amount shall be reooyered 
from the defaulter : 

Provided that, where a person has presented a petition under section 25, 
sudi sum shall not be reooverable from bim unless, within thirty days from 
the passing of the order on the petition, he fails to pay the amount, if any, 
required by that order. 

{2) The Local Government may direct by what authority any powers or 
duties incident under any such enactment as aforesaid to the enforcement of 



1 Priuted. GenoKil Aotif, Vol. lY, Ed. 1898, p. 262. 



4t ' Ineame-tax. [1886:AotII. 

(Chap, VI. — Supplemental Proviiiom, Sec. 31,) 



any prooess for the recovery of a manicipal tax or looal rate shall be exeroiBe4 
or performed when that procesB is employed under sab-seotion (1) for the reco- 
very of the tax chargeable ander this Act. 

{3) An order passed by the Collector nnder sab-section (i) shall have the 
force of a decree of a Civil Coart in a suit ia which the Government is the 
plaintiff and the defaulter is the defendant ; and the order may be enforced in 
manner provided by the Code of Civil Procedure ^ for the enforcement of XIY of 1889. 
decrees for money ; and the procedare under the said Code in respect of the 
following matters, namely : — 

(a) sales in execution of decrees, 

(i) arrest in execution of decrees for moneyi 

(c) execution of decrees by imprisonment, 

{d) daims to attached property, and 

{e) execution of decrees out of the jurisdiction of the Courts by whieh 
they were passed, 
shall apply to every execution issued for levying, the sum mentioned in the 
order ;2save that all the powers and duties conferred and imposed by the said 
Code upon the Court shall be exercised and discharged by the Collector by 
whom the order has been made or to whom a copy thereof has been sent for 
execution according to the provisions of the said Code,^ sections 2^3 and 224>. XTV of 1888. 

(4) The Local Government may direct, with respect to any specified area, 
that the tax chargeable under this Act shall be recovered therein with, and 
as an addition to, any municipal tax or local rate by the same person and in 
the same maniier as the municipal tax or local rate is recovered. 

(5) No prooeedings for the recovery of any sum payable under this Act 
shall be commenced after the expiration of three months from the last day of 
the year in respect of which the sum is payable. 



CHAPTER VI. 

SupplbAental Peovisions. 

Composition. 

Agnemeoli 31. {I) If a company or person desires to compound for the tax assess* 

^^^^oompon- ^y^ under Part II or Part IV, as the case may be, the Collector may, subject 

to such rules as may be prescribud in this behalf, agree with the company or 

^ Pdnted, General Act«> Vol. IV, Id. 1808, p. Wi. 



1886 : Aat IL] Income-iax. 48 

(Chap. VL — Supplemental Provinoni, Sees. 32-34,) 

person for a compoBition for the tax on such terms and for snoh period as he 
thinks fit. 

(j9} The agreement shall proTide for the payment, in each year of the 
period comprised in the agreement^ of the amount of the composition ; and 
that amount shall be recoverable in thelsame manner and by the same means 
as any other assessment made under Fart II or Part IV, as the case may be. 

Beeeipta. 

32. When any money is paid under this Act to the Collector or is re- BeoeiptB and 
covered thereunder by him, he shall give a receipt for the same, specifying— ^^^ 



(a) the date of the payment of recovery of the money ; 

if) the amount paid or recovered ; 

{e) the person who was liable to the tax, and the source or sources of 

income in respect of which the tax was payable ; 
(i) the year or part of the year for which the tax was payable ; 
{e) the place or places, district or districts, where the income accraes j and 
(/) such other particulars, if any, as may be prescribed. 

Amendment of Aseesement 

33. If a company or person assessed under Part II or Part IV ceases Amendmeiit 
to carry on the trade or business in respect whereof the assessment was made, me^^^""' 
or if any such person dies or becomes insolvent before the end of the year for 

which the assessment was made, or if any such company or person is^ from 
any other specific cause, deprived of or loses the income on which the assess- 
ment was made, then the company or person or its or his representative in 
interest may apply to the Collector during or within three months after the 
end of the year, and the Collectori on proof to his satisfaction of any such 
eause as aforesaid, shall amend the assessment as the case may require, and 
refund such sum, if any, as has been overpaid. 

Fenaltiee. 

34. (i) If a person fails — Frilureto 
(a) to deduct and pay any tax as required by section 8, sub-section (i), ^^^^^ 

or section 18, sub-section (Z), or deliver 

(() to deliver or cause to be delivered to the Collector in due time the Btatement». 

return or statement mentioned in section 10 or section 11, or 
(e) to produce, or cause to be produced, on or before the date mentioned 
in a notice under section 12, such accounts as are referred to in the 
notice. 



44 



Income-tajf. [1886: Aot II« 

(dap. FL^^Supplemenial Provisiotu. Sees- 85*40.J 



FaUe stote- 
meiit in 
decUntion* 



ProMonticn 
to be at 
inatanoe of 
Ooileotor. 
Sections 198 
and 228 of 
Penal Code 
to apply to 
prooeedinga. 



Power to 
make rulee* 



he shall^ on conviction before a Magistrate^ be punishable with fine whioh 
may extend to ten rupees for every day during which the default continues. 

(P) The Commissioner of the Division may remit wholly or in part 
any fine imposed under this section. 

35. If a person makes a statement in a declaration mentioned in section 
18^ sub-section {8), which is false, and which lie either knows or believes to 
be false or does not believe to be truci he shall be deemed to have committed 
the offence described in section 177 of the Indian Penal Code.^ 

36. A person shall not be proceeded against for an offence under section 
84 or section 86^ except at the instance of the Collector. 

37. Any proceeding under section 1% or Chapter IV of this Act shall be 
deemed to be a '^ judicial proceeding'' within the meaning of sections 103 
and £28 of the Indian Penal Code.^ 

Power to make Bulei. 

' 38. (i) The Governor General in Council may make rules consistent 
with this Act for ascertaining and determining income liable to assessment, 
for preventing the disclosure of particulars contained in documents delivered 
or produced with respect to assessments under Part IV^, and, generally, for 
oarrying out the purposes of this Act, ami may delegate to a Local Govern** 
ment the power to make such rales so far as regards the territories subject 
to that Government. 

{S) In making a rule for preventing the disclosure of any particulars 
referred to in sub-section (i), the Governor General in Council may direct 
that a public servant committing a breach of the rule shall be deemed to have 
committed an offence under section 166 of the Indian Penal Code.^ 

(3) But a person committing any such offence shall not be liable to be 
prosecuted therefor without the previous sanction of the Local Government. 

(4) Rules made under this section shall be published in the official 
Gazette. 

Miieellaneoui* 

39. No suit shall lie in any Civil Court to set aside or modify any assess- 
ment made under this Act. 

40. All or any of the powers and duties conferred and imposed by this 
Oslleetorand Act on a Collector or on a Commissioner of Division may be exercised 

^ Printed, General Acts, Vol. I, Ed. 1898, p. 240. 

• A« to ezemption from liability to asiessmmt, m« notification referred to in footnote to 



fiar of mite 
in Civi) 
Court. 

£ zeroise of 
»werBof 



XLV of 1860. 



XLV of i8eo. 



1886 : Act 11 J Ineome-taa. 46 

(Chap, y L'^Supplemewlal Praviiions. 8eet» 41'^.J 

and performed by such other officer or person as the Local OoTernment Gommii- 
appoints in this behalf.^ 

41. An officer or person exercising all or any of the powers of a Collector Oblij^ation to 
under this Act may^ by notice, require any person to furnish a list, in the information 

prescribed form, containing, to the best of his belief,— iSSSBaSi 

{a) the name of eyery inmate or lodger resident in any house used by him ^°^P'^y^* 

as a dwelling-house or let by him in lodgings ; 
{b) the name of every other person receiving salary or emoluments amount- 
ing to forty-one rupees ten annas and eight pies per mensem, or five 
hundred rupees per annum, or upwards, employed in his service, 
whether resident in any such house as aforesaid or not ; and 
{e) the place of residence of such of those persons as are not resident in 
any such house, and of any inmate or lodger in any such house who 
has a place of residence elsewhere at which he is liable under this 
Act to be assessed and who desires to be assessed at that place. 

42. An officer or person exercising all or any of the powers aforesaid may, Truateet and 
by notice, require any person whom he has reason to believe to be a trustee, ^glTinfonn^ 
guardian, curator, committee or agent to deliver or cause to be delivered a ^^^^^^^ 
statement of the names of the persons for or of whom he is trustee, guardian, ^^^ prind- 
curator, committee or agent. 

43. An officer or person exercising all or any of the said powers may, by Tmsteei, etc., 
notice, require a trustee, guardian, curator, committee or agent, or a receiver formation vT 
or manager appointed by any Court in India, or a Court oT Wards, Adminis- ^ ««>ni«« 
trator General or Official Trustee, to furnish such returns of income liable to 
assessment under Part IV as may be prescribed. 

44. An officer or person exercising all or any of the said powers may, at Obligation to 
the instance of any person respecting whose assessment or the amount thereof £j°"^ ^^^^ 
any doubt exists, require any person to furnish such information as he deems 

to be necessary for the purpose of ascertaining facts relevant to the assess- 
ment or its amount. 

46. A person required to furnish any information under section 41, sec- Sections I7a 
tion 42, section 43 or section 44 shall be legally bound to furnish the same "^ ^^^^^* 
in Bxxdk manner and within such time as may be specified in the requisition *® •???? *^ 
for the information. S"iS* 
ation. 

» For notifications inyeiting certain Political officers with powers nnder this section in «>«>«»<: 
of persons redding ont of British India, se$ Western India Volume of Macpherson's U^T^ 
British Enactments in foiee in Native States, Ed. 1886, p. 18. «cpnerson s Lists of 



46 



Service of 
notices. 



Power to 
declare 
prinoipftl 
place of 
Diuinees or 
reeidenoe. 



Income-tax. [1886 : Act II. 

CCiap. VI. — Supplemental ProviHone. Seee. 4S'-47.J 



46. (/) A Dotiqp under this Act may be served on the person therein 
named either by a prepaid letter addressed to the person and registered nnder 

Part III of the Indian Post OflSce Act, 1866/ or by the delivery or tender to xiv of 1866. 
him of a copy of the notice, 

{2) If a notice is served by registered letter, it shall be presumed to have 
been served at the time when the letter would be delivered in the ordinary 
course of post^ and proof that the letter was properly addressed and put into 
the post shall be sufficient to raise the presumption that the notice was duly 
served at that time. 

{3) If the notice is to be served otherwise than by registered letter^ the 
service shall, whenever it may be practicable, be on the person named in the 
notice, or, in the ease of a firm, on some member thereof, or, in the case of a 
Hindu undivided family, on the manager of the joint estate of the 
family : 

{4) But when the person, member or manager cannot be found, the 
service may be made on any adult male member of his family residing with 
him ; and, if no such adult male member can be found, the serving officer 
shall fix the copy of the notice on the outer door of the house in which the 
person, firm or family therein named ordinarily resides or carries on 
business. 

47. {1) When a company or firm has several places of business in terri- 
tories subject to different Local Governments, the G-overnor General in Coun- 
cil may declare which of those places shall, for the purposes of this Act, be 
deemed to be the principal place of business. 

(8) When a company or firm has several places of business in the territories 
subject to a single Local G-overnment, that G-overnment may declare which 
of them shall, for the purposes of this Act, be deemed to be the principal 
place of business. 

(S) When a person has several places of residence in territories subject to 
different Local Governments, the G-overnor G-eneral in Council may declare 
which of those places shall, for the purposes of this Act, be deemed to be his 
residence. 

[4) When a person has several places of residence in the territories sub- 
ject to a single Local G-overnment, that Government may declare which of 
those places shall, for the purposes of this Act, be deemed to be his residence. 

(o) The powers given by this section may be delegated to, and exercised 



1 S§€ now the Indiaa Post Office Act^ 1S98 (VI of 1S98). 



n of 1876. 



1886 : Act II.] Income-tax. . 47 

(Chap. Th — SufplemitUal Provisions. Sees. 48-60. Tie lint Schedule. 

Enactments repealed.) 

by^ sach officers as the Giovernor General in Council or the Local Gt>vernmentj 
as the case may be^ appoints in this behalf. 

48. Where a person is in respect of any period liable to the tax under this 
Act, he shall not in respect of that period be assessed to the p&ndharf-tax 
levied in the Central Froyinces under Act XIV of 1867/ or to the capitation- 
tax^ or the land-rate in lieu thereof, levied in British Burma * under the 
Borma Land and Revenue Act, 1876.* 

49« Every person deducting, retaining: oir paying any tax in pursuance of Indemnity, 
this Act or of any arrangement under section 9, sub-section (2), in respect of 
income belonging to another person, is hereby indemnified for the deduction, 
retention or payment thereof. 

50. AH powers conferred by, or conferable under, this Act may be 
exercised from time to time as occasion requires. 



Saving in 
favonr of 
payers of 
pfindharfand 
oapitatian 



Powen 



from ttm6 
to time. 



THE FIRST SCHEDULE. 
Enactvbkts bbpbaled. 
(See section 8.) 
Acts op thb GbvEBNOB Gvnbral in Council. 



Number and year. 


Short title. 


Extent of repeaL 


Aet No. II of 1878 
Aot No. YI of 1880 . 


The Northern India License Aot, 1878. 

The Indian License Aots Amendment 
Act, 1880. 


So mnoh as has not 

been repealed. 
The whole. 



Acts op thb Govbenor of Fort St, Geobgb in Council. 



Number and year. 


Short title. 


Extent of repeaL 


Aot No. Ill of 1878 . 
Aot No. Ill of 1880 . 


The Madras License Aot, 1878 • 

An Aot to amend Madras Aot III of 
1878^ as amended by Act VI of 1880. 


So much as has not 

been repealed. 
The whole. 



1 Printed, Central Proyinoes Code, Ed. 1891, p. 80. 

* This reference to British Bnrma shonld now be read as referring to Lower Burma, «ff tie 
Tipper Burma Laws Aot» 1886 (XX of 1886), s. 4» printed, Burma Code, Ed. 1889, p. g68. 

* Printed^ Burma Code, Ed. 1889, p. lOS. 



48 



Ineome4a9. [1886 : Act !!• 

(The Second Sekedule. Saureee of Income mnd Baiee of Tmx.) 

THE FIRST SCHBDULB— tfoji<f»««i. 
Act ov the Ootbbnor of Bombay in Couvoil. 



Number and year. 


Short tttle. 


Brlntorrepaia. 


Aet Na ni of 1S78 


The Bombay LieenM Aet, 1878 . 


So mveh as haa not 
baan fopoalod. 



Act of thb LisuTBNAVT-OoyxRNOE OF Behoal ih Council. 



Himbar and yaar. 


Short titla. 


Extent of repoal. 


Aat No. II of 1880 


Tha Bangal LioeDse Aei, 1880 


Thai^dle* 



THE SECOND SCHEDULE. 

SOUBCBS OF InOOMB AND BaTBS OF TaX. 

{See section 4.) 



Sonna of Inaonie. 



BataofTax. 



h Adj sakiy* annidtj. 
nnaioii or pratnity paid in 
Britidi Indu to or on behalf 
of aoj person laaiding in 
Britiah India or sernag on 
board a ship plying to or 
bom British Indian ports, 
whether on aoeonnt of him- 
adf or another person. 

B. Any sslary, aDnoity, 
pension or gratuity paid by 
tha Goyemment, or bT a 
loeal authority established 
in the exercise of the powers 
of the Goremor General in 
Coonailin that behalf, to 
ar on behalf of a British 
tabjeet within tha damin* 
ioiM of a Prince or State in 
India in sllianoa with Her 
lUjes^. 



PAET I. 
Salabibs and Pensions. 






(a) If the income amounts to Bs. B/)0Oper annum, or Ba. 

166-10-8 pre mensem, or upvaids — m pin in tha rupee. 
(f) If the iaoome is less than Ba.S/XX) parannum,or Ba. 

166-10-8 per mensem — four plea in the rupee. 



1886 : Act IIJ Ineome4ax. 

(The Second 8ehed»le» Soureei of Income and Rates o/Ta».J 



49 



THE SECOND SCE.EBVhE-^eoniinued. 



FiBra ooLinar. 


Sboovd ooluxv. 




BftU of Tkz. 



Frofttt of a eompuiy 



PAET 11. 

Fbovits op Companies. 

• I Fiye pies in the rupee on the whole of the nett profite made in 
I Britieh India hy the oompanj dniing the year eoding on the 
day on whieh the oompaDy'e aeoonnts haye been last made up, 
or, if the oompany's aoooonti haye not been made up within 
the year ending on the thirty-first day of March in the year 
immediately preceding that for which the aeeesameDt is to be 
made, then on the whole of the nett profits so made daring the 
year ending on the said ihirty«fint day of Mareh. 



Interest heeoming dne on 
or after the first day of 
April, 1886» and payable in 
British India, on— 
(a) promissory notes, deben- 
tores, stock or other 
seonritiesof the Gk»y- 
emment of India 
(including seonrfties of 
the GoyemmeBt of In- 
dia whMeon interest is 
fayable out of British 
ndia by draft on any 
place in British India)* 
or 
ih)lBep.hf Act XUqf 

i89i.y 

(o) debentures or other se- 
ourities for money is« 
sued by or on behalf of 
a looil authority or 
oompany. 



PART III. 
Intbbbst on Stcubitibs. 






Fiye pies in the rupee on such interest, unless tho owner of 
the security produces a certificate signed by tho Colleofor that 
his annual income from all souroes is less than Ra» 500, in 
which caflc no deduction shall be made from the interest* or 
uniesa he produces a like certificate that his income from all 
souroes is less than Bs. 2,000, in which ease the rate shall h^ 
four pies in the rupee. 






Any source of iooome not 
induded in Part I, Part II 
or Part III of thia sehedole. 



PART IV. 
Otheb Soubcbs of Inoomb. 

(a) If the annual income is assessed at— - 



not iMi thAo at. 



M 



ft 



f» 



N »0 



000 

760 

1.000 

1,200 

1,000 

.» 1.760 



00 



bat iMi iban Es. 7B0 
w 00 1.000 

•• M 1.600 

00 0. 1.760 

a,ooo 



the tax Blutll be Be. 






•0 



10 
10 
20 



•• 85 

42 



(b) If the annual income is assessed at Rs« 3,000 or up* 
witfds-*'fiye pies in the rupee on the income. 



1 Printed, i^enenl Aote. Vol. VI. 



VOL. V. 



60 Ineome4M. [1886 : Act IL 

(The Third Sekedule. Form of reHHon.J 

THE THIRD SCHEDULE. 

Form of Pstition. 

{See eeeiion 25.) 

To THB COLLVOTOR OF 

The day of 188 . 

The petition of J. J9« of • 

SHBiriTH as foUowB— 

!•— Under Act No. II of 1886| your petitioner has been assessed in the 
snm of 
rupees for the year commenciog the first day of April, 188 • 

2.«— Your petitioner's income and profits accruing and arising from [here 
speei/jf petitioner's trade or other source or sources of income or profile, and 
the place or places at which such income or profits accrues or arise\ for the 
year ending the 

day of last were rupees 

[as will appear from the documents of which a list is presented herewith*]. 

d.— Such income and profits actually accrued and arose daring a period of 

months and 

days {here state the exact number of months and days in which the 
income and profits accrued and arose'\, 

4.-— During tlie said year your petitioner Lad no other income or profits. 

Your petitioner therefore prays that he may be assessed aecordingly [or 
that he may be declared not to be chargeable under the said Act]. 

(Signed) A. B. 

Form of Ferification, 

I, J. B.f the petitioner named in the above petition, do declare that what 
is stated therein is true to the best of my information and belief. 

(Signed) A. B. 

• TkuB wordg are to he ineerted if tie petitioner reliet on documents. The list, if tkepeti* 
tioner so wishes, may he presented in a sealed enwlope. 



1886 : Art IT.] ConiraH. (Sec. 1} 5I 

1886 : Aot VL] BirtJiM, Deaths and Marriages Registration. 

ACT No. IV OF 18«6.i 

\29th January, 1886.'] 

An Act to amend seetion 265 of the Indian Contract Act, 1872,' 

Whbrbas it is expedient to ameod section ^65 of the Indian Contract Act^ 
IX of 187S* 1872 ; It is hereby enacted ae follows ;-« 

1. For section 266 of the said Act the following shall be substituted^ Kew section 
namely :— ^ ^, ^j^„ 

265, Indian 

''266. Where a partner is entitled to claim a dissolution of partnershipi or winding up 
where a partnership has terminatedi the Court may, in the absence of any ^^ ^S|^^. 
contract to the contrary, wind up tha business of the partnership, provide for tion or after 
the payment of its debts and distribute the surplus according to the shares of 
the partners respectively/' 

8. [Repeal of part of section 91S, Jet XIF, 1889.] Rep. by the Repealing 
and Amending Act, 1891 (Ul^flSdl)? 



THE BIRTHS, DEATHS AND MARRIAGES 
REGISl^RATION AOT, 1886, 

CONTENTS. 



CUAPTBR I. 

PftlUKEflABT. 
SsOTiONS. 

1. Short title and commencement* 

2. Local extent. 
S. Definitions. 



I Short title, "The Indian Con4n»t Aot (1S73) AjMendiiieut Mst, Vdm, 9e$ the Short Titles 
Aot, 1897 (XIV of 1897), printed. GeDeial Actiu VeL 71. 

For Statement of Objects and Seasons, see Gazette of India, 1885, Pt. V, p. 185 ; for Beport 
of the Select Conmittoe^ tss t^d, 1888, Pt. IV, p. 47 ; and for Proceedings in Coancil, tee 
ibid, 1886, Supplement, pp. i86 and SS6, and iied, IMS* Sq[>p1cnieiit, p. 204. 

The A.ct is in force in Upper Barma {except the Shan States) as being part of Uie original 
Act IX of 1872, declared in force there hy the fiorma Lawa Act, 1898 (XIII of 1896), see a. 4 
and the First Sehednle. 

The Act had been prerionri;^ dMbvsi ta ftoee is the Tcnm ot Handalirf onty, in Upper Bnrma 
by the Ut>per Bnrma Laws Aot, 1886 {XJL of 1889), a. 8 (i), now npealed by Act Xill of 1898. 
S. 1 of the Act has been declared in force in the Santh61 Pargana^ by the Santhdl Parganas 
Settlement Begnlation (III of 1872), s. 8, as amended by the Santhil Parganas Laws Regulation, 
1886 (III of 1886), s. 2, printed, Bengnl Code, Vol. I, isA 1889, p. 697. 

This Act is in force in British Baluchistan as beinff part of the Indian Contract Ac^ 1872 
(IX of 1872), which was thereto applied, by the Brityi Balachistan Laws Regolatioii, 1800 
(I of 1^90), tee Baluchistan Code, Bd. 1890, p. 72. 

> Printed, General Acts, Vol II, Jfid. 15*98. p. 299. 

'Printed, Ueaeial Acts, VoL VI. 



bS 



i% Birthsy Death and Marriage% JRegutratipn. [ISSO ; Act VI 

SSOTIONS. 

4. Saving of local laws, 

bf PoweiB exeroiseable iiom time to time. 



CHAPTER 11. 

Obnbeal BBeisTBT Officbs of BibthSi DflATSs AND Masbiaobs* 

6. Establishment of general registry offices and appointment of Registrars 

Oeneral. 

7. Indexes to be kept at general registry office. 

8. Indexes to be open to inspection. 

9. Copies of entries to be admissible in evidence. 

10. Superintendence pf Registrars by Registrar General^ 



CHAPTER III, 

BBOISntATION OF BiBTHS AND DkaTHS* 

A.^^Applieatioik of tiia Chapter. 
\\. Person? whose births and deaths are registrable. 

B. — RegUiration Eetabluhm&fii. 

12. Pov^er for Local Government to appoint Registrars for its territories* 

13. Power for Q-ovemor General in CoancU to appoint Registrars for 

Native States. 

14. Registrar to be deemed a public servant, 

15. Power to remove Registrars. 

16. Office and attendance of Registrar. 

IT. Absence of Registn^r or vacancy in hip offi*^. 

is. Register books to be supplied and preservation o{ records to be pro# 
vided for. 

(7. — Mode of Begiriration. 

19. Duty of Beeistrar to register births and dei^tbs of wbioh notice is given, 
ftO. Persons anthorized to give notice of birth. 
01. Persons authoris^ed to give notice of death. 

22, Entry of birth or death to be signed by person giving notice. 

23. Ghrant of certi^eate of registration of birth or death. 

t4. Dnty of Regiptrars as to sending certified copies of entries in register 

books to Registrar General. 
26. Searches and copies of entries in roister books, 
26. Exceptional provision for registration of certain births i^nd deathsv 

Br^Penaltf for Fahe Information^ 
ttf Penalty for wilfully giving false information, 

A-^Correption of Error s. 
98. Correction of entry in register of births or deatbi* 



1886 : Act VIJ Sirth, Deatk» and Marriaget R^utrmUom, 6S 

CHAPTER IV. 

Ssonoira. AiiiMDMiirT at Maskia&b Acts. 

29. Addition of new section after seetion IS, Act III of 1872. 

80. Amendment of the Indian Chrietian Marriage Act, 1872. 

81. Addition of new section after section 8 of the Pars! Marriage and 

Divorce Aot, 1865. 



^m^-*mmm^^^ 



CHAPTER V. 

SPIOIAL PaOYlSTOHfl A8 TO CXRTAIN BXISTING RBGISTXItd. 

82. Permission to persons haying custody of certain records to send them 

within one year to Begistnur (General. 
88. Appointment of Commissioners to examine registers. 

84. Duties of Commissioners. 

85. Searches of lists prepared by Commissioners and grant of certified 

copies of entries. 
86A. Constitution of additional Commissions for purposes of this Chapter. 



CHAPTER VI. 
Ruus. 

86. Power for Oovemor General in Council to makes rules. 

87. Procedure for making and publication of rules. 



ACT No. VI OP 1886,» 

[8ih March, 1886.'] 

An Act to provide for the voluntary Registration of certain 
Births and Deaths, for the establishment of General Regis- 
try Offices for keeping Begisters of certain Births, Deaths 
and Marriages, and for certain other purposes. 

Whbbbas it is expedient to provide for the voluntary registration of births 
and deaths among certain classes of persons, for the more effectual registra- 
tion of those births and deaths and of the marriages registered under Act III 
lVoflS78. of 1872,' or the Indian Christian Marriage Act, 1872,* and of certain mar- 
XV of 1865. riages registered under the Parsi Marriage and Divorce Act, 1865/ and for 



^ For Statement of Oljects and Beaioni, «m Gffzette of India, 1885, Pt. V, p. 12 ; for Keport 
of the Select Committee, ««« ibidt 1886, Pt. IV, p. 103 ; and for Prooeedinge in Conncil, He %bi4t 
1886, Supplemeot, pp. 14 and 87, and iUd^ 1886, p. 200. 

* Printed, General Aotii, Vol. II, Ed. 1898, pp. 280 add 871, reepectiYely. 

• Printed* Oeneral Aett, Vol. I, Ed. 1888, p. 66flL 



64 



Short title 
and eom- 
meucemADt. 



Local extent. 



Defiuitioiis. 



Saving of 
local laws. 



Sirihi, Deaih9 and Marriage$ BefUiraUom. 
(Chap. J. — Preliminary. Sees, i-4.^ 



[1886 : Act VI. 



the establishment of general registry offioee for keeping registers of those 
births^ deaths and marriages ; 

And whereas it is also ei^pedieiit to ptotride for the atithentioatlon and 
custody of oertain existing registers made otherwise than in the performance 
of a duty specially enjoined by the law of the country in which the regis- 
ters were kept, and to declare that copies of the entries in those registers 
shall be admissible in evidence ; 

It is hereby enacted as follows :— 

CHAPTBB L 

FsBLIMINABt* 

1. (i) This Act may be called the Births, Destbs and Marriegts Regis- 
tration Act, 1S86 I and 

{2) It shall come into force on such day ^ ae the G^overnoj* General in 
Coancil, by notification in the Gtazette of India, directs,* 

2. This Act extends to the whole of British India * and applies also, 
within the dominions of Princes and States in India in alliance with Her 
Majesty, to British subjeots^in those dominions. 

3. In this Act, nnless there is something i^pngnant in the sabjeot or 
context,-— 

''sign'' includes mark, when the person making the mark is unable to 
write his name : 

'' prescribed '' means preeeribed by a rnle made by the Gh>Temor General 
in Council under this Act : and 

'< Registrar of Births and Deaths " meims a Registrar of Births and 
Deaths appointed under this Act. 

4. Nothing in this Act, or in any rule made under tkb Act, shaU sffect . 
any law heretofore or hereafter passed providing for the registration of births 
and deaths within particular local areas. 



••**■ 



^ The lit October^ 1888. m# Qaseite of India, 1888, Pt. I, p. 886. 

*8tib.8eo. (8) of 1. 1, wUdi wis repeAled hf the Bepealing and AliiendiBg Act, 1891 (XII 
of 1881), witf ae f oliowfl t-* 

** (8) Any power conferred by the Act to make mlee or to itine orders may be exercised 
si sny time iif tei the fuAttg of tUe Aet s hot a vale or onder to made oi issued sbatt 
not take sJfect until the Aet comes into force." 

• It has been extended to the SanthH Farganss by notiilctttion' tB^d&t s4 8" of the dsoih^r FSf^ 
ganas Settlement Begnlation QII of 1872), as amended bv the Sauth^l Parganas Laws Regnla- 
tion, 1886 (III of 1886), printed, BengSA Code, Vol. I, Ed. 1839, p. 697, sss Galcntta Gatette. 1 880, 
Pt. I, p. 176. It has been deeUrod iu foree ia British Balachistan by the Briliih Balnchistan 
Lsws Regalation (I of 1880)» s. 8, printed, Balachistao Code, Sd. 1890, p. 69< 

The Act has been declared in force in Upper Bnnna (except the Shan States) by the Burma 
Laws Aot» 1898 (XIII of 1898), ess the First Schedule and s. 4. It had been prevlonsly extended 
theie by noti6eation under s. 6 of the Scheduled Districts Act^ 1874 (XIV el I874)b eM Gbiette 
of Indis, 1888, Pt. I, p 688. 



1686 : Act VI.3 Birtis, Deaths and Marriagei EegUtraUon. 55 

(Chap. L--^Pfelimtnary. See. B. Chap. II. — General Regieirg Offieet of 

Sirthtt Deaths and Marriages. Sees, 6'7.J 

5. All poireri conferred by thifl Aot may be ezeroieed from time to time Powers 

BB OOOftsioD requiree. exerciseablo 

* . from time to 

time. 

CHAPTER II. 

Obvuull RMI0TRT OpfiOM ov BmiH8| Deaths avd Mab&iagbs. 

6. (1) Eaoh Local Goremment-^ EsUbiiBhment 
(a) Bball establiBh a general registry office for keeping each certified r^g^stry 

copies of regiBters of births and deaths registered under this Aot, °®^ *"** . 

^ ^ « *♦ appointment 

or marriages registered nnder Act III of 1872 ^ (to provide a form of Begistrars 
of marriage in certain eases) or the Indian Christian Marriage Act, ®°®™* 
XY of 1872. 1872/ or, beyond the local limits of the ordinary original civil 

jurisdiction of the High Coort of Judicature at Bombay, under the 
XV of 1865. Parsi Marriage and Ditorce Act, 1865,' aa may be sent to it under 

this Act, or under any of the three last-mentioned Acts, as 
amended by this Act ;* and 
(i) may appoint to the charge of thai office an officer, to be called the 
Registrar General of Births, Deaths and Marriages, for the terri- 
tories under its administration *> 
{8) Provided that the Ooveraor of Bombay in Council may, with the 
previous sanction of the Gbvernor General in Council, establish two general 
registry offices and appoint two Registrars General of Births, Deaths and 
Marriages for the territories under his administration ; one of suoh general 
registry offices and of suoh Regisiran General being established and appointed 
for Siodb and the other for the other territories under the administration of 
the Governor of Bombay in CounciL 

7« Baoh Registrar General of Births^ Deaths and Marriages shall cause indexes to be 
indexes of all tbe certified copies of regieters sent to his office under this Aet, general re i 

I Printed, General Acts, Vol. tl, Sd. 1898, pp. tSO and S73, respectively. ^^ ®®*** 

* Prinfeod^ Oeneml Actt, Vol. I, Bd. 1808^ p. 662. 
s For General Regietr j Offices appointed for— 

(a) Bombay, tee Bombay List of Loeal Rnlee aad Ordors, Tol. I, Ed. 189(^ p. 466. 
(h) Bnvroa, 900 Burma Qasette, 1897, Pt. I, p. 459. 

(c) North- W'estem Provinces and Oddb^ eee North- Western Frotinces and Oodb List 

of Loeal Boles Rnd Orders, Ed. 1894, p. lai. 

* For Registrars General appointed for — 

(a) Bombay, tee Bombay List of L^oal Boles and Orders, YoL I, Ed. 1896, p. 466. 
(5) Burma, tee Barma Gaa«fete» 1888, Pt. I, f, 469* 

(e) Centml Provinoes, tee Central Pro? luces Lilt of LocM Bides and OrderSf Bd. l§&Sp 
p. 246. 

(d) Madras, eei Madno List of Ldeal Rvlei and Ord^fs, Yet I, Sd. 1808^ p. SOa 

(#) North- Western Provlnoee aad Oodh. >st NoHb^Wistahi Prvriooes and Oadh List 
of Local BsJes aad Orders, Ed. 1894, p. 121. 



Indexes to be 
open to 
inipection. 



Copiei of 
entries to be 
admissible in 
eTldeoet. 



Saperintend* 
ence of He* 
gistrarsby 
Hegistrar 
General. 



56 

fCkap. IL' 
8-10. 



Birtis, Death and Marriages Begieiration. [1886 : Aot VL 

Oeneral RegUtrf Offices of Births ^ Deaths and Marriages. Sees. 
Chap. III. — Begiitration qf Births and Deaths. See. 11.) 



or under Aot III of 1872,^ the Indian Christian Marriage Aot, 1872/ or xv of 1878. 
the Pbrsi Marriage and Divoroe Aet^ 1865^' as amended by this Act, to be XV of 18e& 
made and kept in his offioe in the preseribed form. 

8. Subject to the payment of the prescribed fees, the indexes so made shall 
be at all reasonable times open to inspection by any person applying to inspect 
them, and copies of entries in the certified copies of the registers to which the 
indexes relate shall be given to all persons applying for them. 

9* A copy of an entry given under the last foregoing section shall be cer- 
tified by the Registrar Oeneral of Births, Deaths and Marriages, or by an 
ofiBcer authorised in this behalf by the Local Government,* and shall be 
admissible in evidence for the purpose of proving the birth, death or marriage 
to which the entry relates. 

10* Each Registrar General of Births, Deaths and Marriages shall exercise 
a general superintendence over the Registrars of Births and Deaths in the 
territories for which he is appointed. 



Persons 
i»ho8e birtbs 
and deiitbs 
are regis- 
trable. 



CHAPTER m. 

Reoistbation ov Births and Deaths. 

A. -^Application of this Chapter. 

11. (i) The persons whose births and deaths shall, in the first instance, 
be registrable under this Chapter are the following^ namely :— 

(a) in British India, the members of every race, sect or tribe to which 

the Indian Succession Aot, 1866,' applies, and in respect of which X of 1^6^. 
an order under section S82 of that Act is not for the time being in 
foroe, and all persons professing the Christian religion ; 
(h) in the dominions of Pritioes and States in India in alliance with Her 
Majesty, British subjeots being members of a like race, sect or 
tribe, or professing the Christian religion : 
(S) But the Local Government, by notification in the official Gazette, 
may, with the previous approval of the Gt>v6rnor General in Council, extend 

> Prioted. General Aets> Vol. II, Bd. 1898, pp. 280 and 878, rsipeo^vely. 

' Printed, General Acts, Vol. I, Ed. 1898, p. 568. 

* For officiT anthorized to certify copies of entries given under s. 8 in~- 

(a) Assam, tee p. 868 of tlie Assam Manual of Local Bales and Orders, Ed. 1898. 

\h) Bombay, ««e p. 466 of the Bombay List of Local Boles and Orden, Vol. I, Ed. 1896. 

(o) Madras, <#• p. 218 of the Madras List of Local Boles and Ordens Vol 1, Bd. 1896. 



1886 : Aot VI«] Births, Deaths mni Marriages Megistrafion. 57 

CCiap. IlL^Registration of Births Mi Deaths. Sees. 12-15.) 

the operation of this Chaptar to any othor claSB o£ persona either generally or 
in any local area. 

B.i'^Registratioa Establishment. 
^ 18« The Local GbvemmeDt may appoint, either by name or by virtne of Power for 
their office^ so many persons as it thinks necessary to be Registrars of Births eroment^to 
and Deaths for saeh local areas within the territories under its administration appoiui 
^ as it may define and^ if it sees fit, for any class of persons within any part of its territo- 
those territories. "^ 

13* The Governor General in Conncil may, by notification in the Gaaette Vemit for 
of India, appoint, either by name or by virtne of their office, so many persons q^^^^q 
as he thinks necessary to be Registrars of Births and Deaths for such local Coaneii to 
areas within the dominions of any Ptince or State in India in alliance with ReRlstranfor 
Her Majesty as he may define and, if he sees fit> for any class of persons ^^ 
within itfiy part of those dominions.' 

14. Every Ke^trar of Births and Deaths shall be deemed to be a public BegUtxmr to 
XliT of 1800. servant within the meaning of the Indian Penal Code.* pn^^ ^ 

Benrant. 

15. (1) The Looal OovOrnment or the Governor General in Council, as Pow«r to 
the case may be, may suspend, remove or dismiss any Beg^trar of Births Bogi^nn* 

and Deaths. 

- — — - — --■ ■-- ■ -■ — ■ — ^" — ^- 

^ A.8 to Begistmn appoiuted ouder this eeotion for— 

{a) AsMm^ 9ee Assam List of Local Boles and Orders, Ed. 1898, p. 268. 

(h) Bombay, «e« Bombay List of Locftl Bales and Orders, Vol. 1, Ed. 1896, pp. 466-467. 

(o) Burma, tee Burma Laws List, Ed. 1897, p. 240. 

{d) Central Provinoes, «m Central Provinces List of Local Bules and Orders 

Ed. 1896, p. 246. 
(«) Madras tee Mndras List of Looal Bules and Orders, Vol, I, Ed. 1898, p. 8ia 
(/) North- Western Provinces and Oodh, ««# North- Western Froyinces and Ondh List 

of Loonl Rules and Orders, Kd. 1894, p. 121. 
' For Be^strars of Births and Deaths appointed onder this section for— 

(i) Native States in the Bombay Presidency, «S0 Western India Volame of Maepher* 

son's LisU. of British Enactments in force in Natire States Kd. 1895, p. 44. 
(9) States of Pnddn Kottai« Banganapalle, and Sandnr, tee Gasette of India» 1889, 

Pt. !• p. 58. 
(8) State of Mysore, Mtf Oaaette of India, 1889, Pt. I, p. 64, and ibid^ 1898, Pt. I, 

p. 881. 

(4) H]^erabad State, «M Qaieite of India, 1889 and 1890, Pt. I, pp. 681 and 468, 

respectively. 

(5) Bampur nod Tehrl Stales, gee Gasette of India, 1891, p. 424. 

(6) Kashmir and Jammn, tee Northern India Volume of Macpherson's Lists of 

Britiflb Enactments in force in Native States, Ed. 1891, p. ISO. 

(7) Nepal, eee Northern India Volume of Macphersou's Lists of British Enactments 

in force in Native States, Ed. 1891, p. 146. 

(8) Central Provinces Feudatory States, tee Central India Volume of Macpherson's 

Lists of British Enactments in force in Native States, Ed. 1898» p. 26^ and 
Gazette of India, 1896. Pt. I, p. 404. 

(9) States in the Central India Agency, eee Central India Volume of Macpherson's 

Lists of British Enactments in force in Native States, Ed. 1898, p. 61. 
{10) States in the Bajputana Agency, %ee Bajpntana Volume of Macpherson's Lists 
of British Enactments in force in Native States, Ed* 1891, p. 29, and Gazette of 
India, 1898, Pt. I, p. 16& 
< Printed, General Acts, VoL I, Ed« 1898, p. 24a 



OiBoe and 
afcteodjinM of 
Begittriur« 



Abience off 
Registrar W 
vacancy in 
hia oiBM. 



Register 
books to be 
supplied and 



58 Birik9, Deatki and MarriageB Heffittrafion. [1S86 : Act VI. 

(Chap. lIL'^Regi$ifati9n of Birtk$ and Deathi. Sees* 16*18,) 

(S) A Regfalmr of Births and Deaths may tvelgfn by noUfylog in writings 
to the Local Qovernment or to the Governor General in Conneili as the ease 
may be^ his intention to do so, and, on his realisation being accepted by the 
Local Ooverttmsnt or the Oovernmr Oeneral in Couneil, he shall be deemed 
to hare vacated his offix)eb 

16. (i) Every Registrar of Births and Deaths shall have an oflice in 
the local area, or within the part o£ the territories or dominions, for which he 
is appointed, 

(2) ^rerj Registrar <^ Births and Deaths to whom the Local Oorern- 
ment may direct this sab*seetion to apply shatt attend at his office for the 
purpose oE registering births and deaths on snah days and at sneh hours as 
the Registrar Greneral oC Births, Deaths and Marriages may direct, and shall 
canse to be placed in some conspieaous place oa or near the outer door of his 
office his name, with the addition of Registfat of Births and Deaths for the 
loeal area or class for which he is appointed, and the days and hoars of his 
attendance. 

17. (i) When any Registrar of Births and Deaths to whom the Local 
Grovernment may direct this section to apply ,^ not being a Registrar of 
Births and Deaths for a loeal area in the town of Calcutta, Madras or 
Bombay^ is absent, or when, his office is temporarily vaoant, any person 
whom the Registrar General of Births, Deaths and Marriages appoints in 
this behalf, or, in default of such appointment,^ the Judge of the District 
Conrt within the loeal Haute of whose jorisdietion the Registrar's office is 
situate, or such other otiieer as the Loeal Government appoints in this behalf, 
shall be the Registrar of Births and Deaths during such absence or until the 
Local Government fills the vacancy, 

(8) When any such Registrar o£ Births and Deaths for a local area in the 
town of Calcutta, Madras or Bombay is abeent, or when his office is tempo- 
rarily vacant, any person whom the Registrar General of Births, Dsatiis and 
Marriages appoints in this behalf shall be the Registrar of Births and 
Deaths during such absence or until the Local Government fills the vacancy. 

{S) The Registrar General of Births, Deaths and Marriages shall report 
to the Local Government all appointments made by him under this seotion, 

18. The Local Gt)vernment shall supply every Registrar of Births and 
Deaths with a sufficient number of register books of births and of register 



^ Tha Beetion has been dfolared by tbe Ootreniment of Madna to apply te all Registrara 
appointed b j that' Qovernment, under tbe notiflcatSon itfaad nnder •• 18, cev Madras Idat of 
local Bates and Orders, VoL I, fid. 1998, p. 218. 



1886 I Act VIJ Birihs, Deafis and Marriofei Meffitiration. 59 

CCJ^ap. IIL^Segistration of Birth and Deaths. Sees. 19-22.) 

books of deathBi and sball makd miitable pfovisioa for the preservatioa of presenmilon 
the records connected with the registration of births and deaths. be provld«d 

for. 

C. — Mode of Registration. 

19. Every Begbtrar of Births and Deaths, on receipt of notice of a Datjr of 

birth or death wiUiin the local area or among the class for which he is rt^ta^ 

appointed, shall, it the notice is giTen within the prescribed time and in the ^^^^if 

prescribed mode bf a pevson authociaed by this h^A to give the notice, forth- «v^ob notice 
with make an entry of the birth or death in the proper register book : 

Provided that*^ 
(s) if he has reason to believe the notice to be in any respect false, he 
may refnse to legistet the birth or death until he receives an order 
from ttie Judge of the District Oourt directing him to make the 
entry and prescribing the manner in which the entry is to be 
made; and 
(&) he shall not enter in the register the name of any person as father 
of an illegitimate child, nnless at the request of the mother and of 
the person acknowledging himself to be the father of the child. 

20* Any of the following persons m$y give notice of a birth, namely :— « Persons 

authorised 

{{£) the father or mother of the child ; to give notlM 

{h) any person present at the birth ; o irt 

{e) any person occupying, at the time cl the birth, any part of the 

house wherein the child was bom and having knowledge of the 

child having been born in the house ; 
{d) any medical practitioner in attendance after the birth and having 

personal knowledge of the birth having occurred ; 
{e) any person having charge of the child. 

21. Any of the following persons may give notice of a death, namely : — Persons 

{a) any relative of the deceased having knowledge of any of the parti- to ^ive notice 
culars required to be registered concerning the death ; ®* death. 

{h) any person present at the death ; 

)c) any person occupying, at the time of the death, any part of the 
house wherein the death occurred and having knowledge of the 
deceaded having died in the house ; 

{d) any person in attendance during the last illness of the deceased ; 

(e) any person who had seen the body of the deceased after death. 

22. (1) When an entry of a birth or death has been made by the Entry of 
Begistrar of Births and Deaths under section 19, the person giving notice of death to be 



«0 Birth, Deaekg and Marriage* Reguiraium. [1886 : Act VL 

(Chap. IIL - Regiilration of Birih and Beat As. Sees. 23-26.) 

tisrned by the birth or death most sign the i^ntry ia the iwieter in the presence of the 

person ginng p^ -^^^ ^ 

(2) Untn the entry has been so signed, the birth or death shall not be 
deemed to be registered nnder this Act. 

(S) When the birth of an illegitimate ohfld is i^tered, and the mother 
and the person acknowledging himself to be the &ther of the child jointly 
request that that person may be roistered as the father, the mother and thai 
person mnst both sign the entry in the register in the presence of the Regis- 
trar. 

tertlfic^te of 2^' '^ Registrar of Births and Deaths shall, on application made at the 

regUtifttion of time of registering any birth or death by the person giving notice of the Wrth 
d«ftth. " or death, and on payment by him of the prescribed lee, give to the applicant a 

oertificate in the prescribed form, signed by the Registrar, of having roistered 
the Urth or death. 

24. (1) Every Registrar of Births and Deaths in British India shall send 
to the Registrar General of Births, Deaths and Marriages for the territories 
within which the local area or class for which he is appointed is situate or 
resides, at the prescribed intervals, a true copy certified by him, in the pre- 
scribed form, of all the entries of births and deaths in the register book kept by 
him since the last of those intervals : 

Provided that in the case of Registrars of Births and Deaths who are 
clergymen of the Churches of England, Rome and Scotland, the Registrar 
may, if so directed by his ecclesiastical superior, send the certified copies in the 
first instance to that superior, who shall send them to the proper Registrar 
General of Births, Deaths and Marriages, 

In this sub-section "Church of England '^ and ''Church of Scotland*' 
mean the Church of England and the Church of Scotland as by law estab- 
lished respectively; and *' Church of Rome*' means the Church which 
regards the Pope of Rome as its spiritual head. 

(2) The provinons of sub-section (i) shall aspply to every Registrar of 
Births and Deaths in the dominions of any Prince or State in India in alliance 
with Her Majesty, with this modification that the certified copies referred to 
in that sub-section shall be sent to such one of the Registrars G^eral of 
Births, Deaths and Marriages as the Governor General in Council, by notifica- 
tion in the Gazette of India, appoints in this behalf. 

Seftrebei and 26. (1) Every Registrar of Births and Deaths shall, on payment of the 

Ttr^^^ prescribed fees, at all reasonable times, allow searches to be made in the 

register register books kept by him, and give a copy of any entry in the same. 

bookfr 



]>aty of Be- 
gistrara ag 
to seDdiiig 
eertified 
eopies of 
entiiei in 
register 
books to 
Begistmr 
OenexiL 



1886 : Act VI.3 Biriks, Death and MartUgeB Regutration. 61 

(C^ap. III.—BefisiraUon qf Birih$ and Deaths. Sees. 86-38. Chap. If.— 

Amendment of Marriage Acts. See* 29,) 

{2) Every copy of an entry in a register book given under this seetion shall 
be oertiified by the Registrar of Births and Deaths, and shall be admissible in 
evidence for the purpose of proving the birth or death to which the entry 
delates. 

26. Notwithstanding anything in section 19^ the Governor General in Bsoeptional 
Council may make rules ^ authorizing Registrars of Births and Deathsi on con- ^utntion' 
ditions and in circumstances to be specified in the rulee^ to register births and ?|| ^^^\ 
deaths occurring outside the local areas or classes for which they are appointed, deaths. 

Dp — Penalty for False Information. 

87. If any person wilfully makeSi or causes to be made for the purpose of Penalty for 

being inserted in any register of births or deaths^ any false statement in con- giving i^ige 

nection with any notice of a birth or death under this Act, he shall be punished ^■^^''^^tioii. 

with imprisonment for a term which may extend to three years^ or with fine^ 

or with both. 

B,-^Correetion of Brrore. 

88. (i) If it is proved to the satisfaction of a Registrar of Births and Correotion of 
Deaths that any entry of a birth or death in any register kept by him under Kgbtor'of 
this Act is erroneous in form or substanoe, he may, subject to such rules ^ as ^*^^^' 
may be made by the Governor General in Council with respect to the condi* 

tions and circumstances on and in which errors may be corrected, correct the 
error by entry in the margin, without any alteration of the original entry, 
and shall sign the marginal entry and add thereto the date of the correction. 

(^ If a certified copy of the entry has already been sent to the Registrar 
General of Births, Deaths and Marriages, the Registrar of Births snd Deaths 
shall make and send a separate certified copy of the original erroneous entry 
^nd of the marginal correotion therein made* 



CHAPTER IV. 
Ambndicvnt of Mabriagi Aots. 

29. After section 13 of Act III of 1872 • {to provide a form of marriage Addition of 
in certain eaeee) the following section shall be inserted, namely :-— ^^^ section 

'' after tection 

18, Aet III 

"ISA. The Registrar shall send to the Registrar General of Births, TnJnsmiaiioii 

of certified 



* For mles made nnder s. 26 conjointly with at. 28 and 86^ «m Gasette of India. 1888. PL L ^pi^ ^ 
p. S86» and •M<2. 1894^ Pi. I, p. 488. -^ , ^ wtriea in 

^ ' Printed, Genexai Aeti. Vol IL Bd. 1808. d. 880. 



niamage* 
eertifieate 
book to the 
Begifltrar 
General of 
Births, 
Deaths and 
Marriages. 

Amendment 
of the lodian 
Christian 
Marriage 
Act, 1872. 



Addition of 
new section 
after section 
8 of the 
Farsi 
Harringe 
and DiYoroe 
Act, 1866. 
Transmission 
of certified 
copies of 
certificates in 
marriage 
register to 
Registrar 
General of 
Births, 
Deaths and 
Marriages. 



62 £$ri*a, Deaih and Marriages Aegtdratidn, [1886 : Act VI 

(dap. IF.'^Amendmeni of MarHagt Acts. Sees. 30^8 L Chap, F.^Special 
Provisions as to certain existing B'gisters. See. 32 J 

Deaths and MarriageB for the territories within wfaieh his district is situate, 
at SQoh intervals as the Oovernor Oeneral ia Oouneil, from timft to time 
direotSi a troe copy certified by him, in such form as the Oovernor Oeneral in 
Council^ from time to time prescribes, of all entries made by him in the said 
marriage^certifioate book since the last of sack intervals. ^' 

SO. In the Indian Christian Marriage Act, 1873,^ the following amend- xv of 1878. 
ments shall be made, namely :— 

(a) at the end of section S« the words '' ' Resristrar General of Births^ 
Deaths and Marriages' means a Registrar General of Births, 
Deaths, and Marriages appointed under the Births, Deaths and 
Marriages Registration Act, 1386," shall be added ; yj ^f isse, 

{b) for the words ** Secretary to Ute Local Government " wherever they 
occur, and for the words '' Secretary to a Local Oovemment '^ in 
section 79, the words *^ Registrar Oeneral of Births, Deaths and 
Marriages '^ shall be snbstitnted ; 
^{d) in section 81| after the words " Registrar General of Births, Deaths 
and Marriages '' the words '' in England '''' shall be added. 
81. After section 8 of the Parsi Marriage and Divoroe A<^, 18A3,' the XY of 1866. 
followir^ section shall be inserted, namely s«-- 



tt 



8A. Every RegistraTi ezo^t die Registrar appointed by the Chirf Jns- 
idce of the High Court of Judicature at Bombay, shall, at such intervals as 
the Governor Oenml in Oonncil from time to time directs, send to the Regis- 
trar General of Births, Deaths and Marriages for the territories administered 
by the Local Government by which he was appointed a true copy certified by 
him, in such form as the Governor General, from time to time prescribes, of 
all certificates entered by him in the said register of marriages since the l^st 
of such intervals.^' « 



CHAPTER V. 

Spbcial Fbovisioms as to cbbtain bxisting Rbgistbbs. 
32. If any person in British India, or in the dominions of any Prince or 



^ Printed, Genend Acts. VoL II, Ed. 1898, p. 873. 

* CI {c), which amended s. 62 of the Indian Chriatian Mantage Act, 1872 (XY of 1872), 
waa repealed by the Indian Christian Marriage Aot (1872) AnMndment Aet, 1891 <II of 1891), s. 4 
ta). printed, (General Acts, Vol. VI. 

> Printed, General Act^, Vol I, Ed. 1898» p. 662. 



18d6 : Acft VIJ Bitih, Death and Marfiag$$ Btguifatim. OS 

(CiapM F.'^Sp^eial Pr&vuioiu as i9 tertain exiitmg Begut$ft. Sees* 

38-34.) 

State itt India in alEanoe with Her Majesty, has tor the time being the ens- to penont 
tody of auy legiflter or reooid of birth, baptism, naming, dediaation, death or e^,!iofy of 
bniial of any per8<»i0 of theoheaes referred to in section 11, sub-section {l)y ^^^ 
or of any register or record of marriage of any persons of the classes to whieh if>md them 
XY of 1872. Act III of 187^ 1 or the Indian Christian Marriage Act, 187^,i or tbe Parsi y^^^'*''* 
X? of 1866. Marriage and Diroree Aet, 18^5,* applies, and if such roister or record has S^^^ 
been made otherwise than in perf ormanee of a duty speeiaUy enjoined by the 
law of the country in which the register or reeord was kept, he may,^ [at any 
time before the first day of Aprili 1891,] send ilie register or record to the 
office of the Registrar General of Births, Deaths and Marriages for the terri- 
tories within which he resides, or, if he resides within the dominions of any 
such Prince or State as aforesaid, to such one of the Begistrars General as 
aforesaid as the Goyernor General in Gooncil, by notification in the Gazette of 
Indt% directs in this behalf* 

83« (i) The Governor General in Council may appoint so many persons Appointment 
as he thinks fit to be Commissioners for eiamining the registers or records gfo^^^to** 



sent to the Registrar General of Births. Deaths and Marriages under the last «amiue 

. . ^. registers. 

foregoing section. 

(2) The Commissioners so appointed shall hold office for such period as the 
Governor General in Council, by tiie order of appointmest, or any sabseqiMut 
order, directs. 

84. (i) The Commisnoners appointed under the last foregoing section Duties of 
shall enquire into the state, eustody and authenticity sif every such register or ^^odws.^ 
record as may be sent to the Registrar General of Births, Deaths and Mar- 
riages under section 32 ; 

and shall deliyer to the Registrar General a descriptive list or descriptive 
Usts of all such registers or records, or portions of registers or records, as they 
find to be accurate and &HthfuL 

{2) The list or lists shall contain the prescribed particulars and refer to the 
registers or records, or to the portions of the registers or records, in the pre- 
scribed manner. 

(5) The Commissioners shall also certify in writing, upon some part of 
every separate book or volume containing any such register or record, or por- 
tion of a roister or record, as is referred to in any list or lists made by the 

1 Printed, Oenenl Acts, Vol. II, Ed. 1898, pp. 280 and 878, respecttTely. 

• Printed, General Acts, Vol I, Bd. 1888. p. 662. 

* These words were snbstittited for the words " within one year from the date on which this 
Act oomes into force " by the Births, Deaths, and Marriages Registration Act (1886) Amendment 
Act, 1890 (XVI of 1890), s. 1, priated, f »/r«, p. 470. ^ ^^ ^ ' ""^"^ 



Betroliesof 
lists prepared 
by Cornmit- 
nonersand 
grant of 
certified 
copies of 
entries. 



Constitntlon 
of ad^tlonal 
commiBBioiia 
for porpoiee 
of this 
C!hapter. 



64 SMit, Deaiii and Marriages RegUiration. [1886 : Act VI, 

(Chap, F.-^Special Pravisi^ns as to certain €xi$ting Regiateru 8ee»^ 

86^5J.J 

CommisgioaerB, that it is one of the le^sters or reoorcb^ or portione of regis* 
ters or records, referred to in the said list or lists. 

36« (/) Sabject to the payment of the prescribed fees, the desoriptiye list 
or lists of registers or records, or portions of registers or records, delivered bj 
the Commissioners to the Registrar General of Births, Deaths and Marriages 
shall be, at all reasonable times, open to inspection by any person applying to 
inspect it or them, and copies of entries in those registers or records shall be 
given to all persons applying for them. 

(9) A copy of an entry given nnder this section shall be certified by the 
Registrar General of Births, Deaths and Marriages, or by an officer or person 
anthorized in this behalf by the Local Government,^ and shall be admissible 
in evidence for the purpose of proving the bbtb, baptism, naming, dedication, 
death, burial or marriage to which the entry relates. 

' 36A. (i) The Governor General in Conncil, if he thinks fit, may, by 
notification in the Ghusette of India, appoint more commissions < than one for 
the porposes of this Chapter, each such commission consisting of so many and 
such members as he may, by a like notification, nominate thereto by name or 
by office, and having its functions restricted to the disposal, under this Act 
and the rules thereunder, of the registers or records sent under section 82 to 
each Begistrar General or Begistrars General as the Governor General in 
Council may, by a like notification, specify in this behalf. 

(S) If more commissions than one are appointed in exercise of the power 
conferred by subHBeoiion (i), then references in this Act to the Commissioners 
shall be construed as references to the members constituting a commission 
so appointed. 

^ For officers appointed under s. 85 {S) for— 

(i) Bombay, «m BmnlN^ List of Local Boles and Orders, VoL I, Ed. 1896, p. 471. 

<S) Borma, «m Barma Iaws List, Ed. 1807, p. 24A. 

is) Madras, see Madras List of Looal Boles and Orden, Vol. I, Ed. 1898, p. 819. 
* S. 86A was ndded by the Births, Deaths and IfwerisfPf Begistf»tlan Act (1886) Amendment 
Act, 1880 (XVI of 1890), s. 2, printed, infra, p. 47a 
1 for Commiraioners appointed In — 

(1) the Bombay Preddenoy, eee Bombay Lbt of Local Boles and Orders, YoL I» Ed. 189(^ 

p. 471. 

(2) Borma, eee Borma Laws List, Ed. 1897, p. t4A, 

^) Madras, eee Madras List of Local Boles and Ordera, YoL I> Ed. 1888^ p. 819. 



1886 : Act VL 2 Birth$j Deathi and Marriapei Begittratian. 66 

(CAap. VL-^Rules. Sea. 86-87,) 

CHAPTER VI. 

Bulbs. 

36. In addition to any other power to make rules impliedly or expreeely Pow«r lor 
conferred by this Act, the Governor General in Council may make rales ^•— Oener^ in 

(a) to fix the fees payable under this Act ; « SSlJiuL 

(b) to prescribe the forms required for the purposes of this Act ; 

(c) to prescribe the time within which, and the mode in which^ pei*sonB 

authorized under this Act to give notice of a birth or death to a 
Registrar of Births and Deaths must give the notice ; 

{(I) to prescribe the registers to be kept and the form and manner in 
which Registrars of Births and Deaths are to register births and 
deaths under this Act^ and the intervals at which they are to send 
to the Registrar General of Births, Deaths and Marriages true 
copies of the entries of births and deaths in the registers kept by 
them; 

^ (e) to prescribe the particulars which the descriptive list or lists to be 
prepared by the Commissioners appointed under Chapter V are to 
contain, and the manner in which they are to refer to the registers 
or records^ or portions of registers or records^ to which they relate ; 

^ (/) to prescribe the custody in which those registers or records are to be 
kept ; and, 

* (^) generally^ to carry out the purposes of this Act. 

37« {1) The Governor G^eral in Council shall, before making rules under proeedar* 
this Act, publish a draft of the proposed rules in such manner as may, in his |[^^ p*^uJ[. 
opinion, be sufficient for the information of persons likely to be affected ti<m of ralei » 

thereby. 

{2) There shall be published with the draft a notice specifying a date at 
or after which the draft will be taken into consideration* 

(3) The Governor General in Council shall receive and consider any 



^ As to rales made under this seotion eon jointly with ss. 26 and 28, we footnote to 
s. 26, 9%tpra, 

' For fees preseribed for attendance at private residences la — 

(1) Bnrma, «ss notification quoted in Burma Laws List, Ed. 1897f p* 24i2. 
(S) Madras, see notification quoted in Madras List of Local Bales and Orders, VoU 1, Ed* 
1886, p. 219. 
For rules framed by the Government of India under this clause as to fees, tee Gasette of 
India, 1894s Pt. I, p. 580. 

' For rules for the goidanoe of Commissioners appointed under Chapter V| eee Gasette of 

India, 1890, Pt. I, p. 746. , -v 

^ For rules for the guidance of Commissioners appointed under Chapter Y, framed with 

regard to the powers conferred by these clauses, $ee Gazette of India, 1890 and 1892, Pt. I, 

pp. 746 and 122, respectivsly. 

YOL. T. t 



Short title 
and oom- 
menoement. 

Addition is 
•eotion 17 of 
Act III of 
1877. 



AddiJaonto 
itetioBi 17 
and 80, and 
amendinent 
of section 68 
of nme Act. 



fSee4. 1^.J 



[1886 : Act TIL 



objection or Buggestion which may be made by any person with respect to the 
draft before the date bo speoified. 

(4) Every rale made under this Act shall be published in the Gazette of 
India, xnd the pnikfieatton in tiie Gazette of India of a rule purporting to be 
made under tliiB Act shall ba codcIbbi^ evideniDe that it has beea duly made* 



AOT No. VII Of 1886.1 

An Aok to amend the Indian Begidtiation Aot> 1677.' 

Whbebas it IS expedient to amend the Indian Registifttion Act, 1877, in ni of 1877. 
manner herehiaf ter appearing ; It is hereby enacted as follows :^ 

!• (7) This kdt may be called the Indian Begietration Act, 1886 ; and 
{3) It shall come into foree at once. 

2. After clause if) of section 17 of the Indian Registration Act, 1877, the 
following clause shall be inserted ^ that ifi to say : — 

'^ (ff) any debenture issued by any such Company and not creating, 
declaring, assigning, limiting or extinguishing any right, title or 
interest to or in immoveable property except in so far as it entitles 
the holdcar to the security afforded by a registered instrument 
whereby the Company has mortgaged, conveyed or otherwise 
transferred the whole or part of its immoveable property or any 
interest therein to trustees upon trust for the benefit of the holders 
of such debentures, or^^. 

3, (I) After clause {I) of section 17 of the same Act the following olause 
shall be added, that is to say :-— 

*'(m) orders granting loans under the Agriculturists* Loans Act^ 1884,* xii of i8ai« 
and instruments for securing the repayment of loans made under 
that Act." 



^Vor Statement of Objects and Beaaons, aee Gaaette of India, 1885, Pt. V, p. 286 ; for 
Eapart «f tbe Select Committee, seiiHd, 1886, Pt. IT, p. 106 i and for PMceedinga in Goonoil, 
«0tf ibid, 1886« Supplement^ pp. 898 and 1008, and ibid, 1886i Supplement, p. 292. 

This Act has b^ declared in force in the Santb^l Parganas by the SanUi&l Parganas Settle 
ment Begnlatlon (III of 1672), a. 8, as amended by the SanthA Parganas Laws Regulation, 
1886 (III of 1886), a. 2, printed, BengiJ Code, Vol. I, Ed. 1889, p. 697. 

It it alio in force in British Balncliiatan as being part of Act III of 1877, whlcb was 
declared in foroe, n$ achednlefl to the British Bulnchlstan Laws Eegnlation, 1890 (I of 1890), 
printed, Balncbittan Code, Ed. 1890, p. 72. 

In like manner the Act is in force in that part of the Khiai aud Jaintii Hills District which 
it comprised within the limits of the CiTil Station and Cantonment of Shillong [««« Gazette of 
India, 1878, Pt. I, p. 662] and in the Mahil of Angal [see Gazette of India, 1887, Pt. I, p. 97]. 

It fa alBO In ^rce In the Arakan HiIL*tracts District [m Burma Gazette, 1886, Pt. 1^ p 2471, 
being A part of Act III of 1877. 

" Printed, General Acts, Vol. Ill, Bd. 1898, p. 41. 

* Printed, General A^ Tol. IT, M. 1896. 



1^86 1 Art Itth ] KegiHratvn. 6t 

{(H^ In eeotion M df the same Aet^ for the words '' or a copy of a certificate 
XJLYl of nttder tha Land Improyement Aet^ 1871|^ 0ent by the Collector to be regis- 
}^3^ ^ j^ tared/' or, where the Land Improvement Loans Act, 1883, is in force, for 

the words ^' or a copy of an order onder the Land Improvement Loans Act, 
1883, sent by the Collector to be registered,'' there shall be snbstitated the 
following worde^ namely : — 

'' or a copy sent to a registering officer imder seotion 80/' 
{3) After the second paragraph of section 89 of the same Act the follow- 
ing paragraph shall be added, that is to say :— 
XII of 1884. ''Every officer granting a loan under the Agrkmlturists' Loans Act, 1884> 

shall send a copy of any instrument whereby immoveable property is mort- 
gaj^ed for the purpose of seeming the repayment of the loan, and, if any such 
property ii mortgaged for the same purpose in the oxder granting the loan, 
a copy also of that order, to the registering officer within the local limits 
of whoM jurisdiction the whole or any part of the property «o mortgaged is 
situate, and such registering officer shall file the copy or copide, as tiie casd 
may be^ in his Book No. 1 ." 

4. After clause (m) of section 17 of the samt Act as Amended by this Act wtMm mKU^ 
the following clause shall be added, that is to say :— Jl^ y^^ 

'' («i) Any endorsement on a mortgage-deed aoknowkdgiDg the payment ^^^ ^^ 
of the whole or any part of the mortgage-money, and any otlM 
receipt for pa3^ent of money due under a mortgnge when the 
receipt does not purport to extinguish the mortgage '^* 
6. In the second paragraph of section 50 of the same Act, *' {ff) '^ shall be Amendment 
iftflerted between *' (/) '' and *' \g) **, and for the word and letter *' And {i) *' ^J •action W 
the lettfBrt %tA word *' (i), («•) and (n) " skall be eubetituted. "^^ 

B, (i) After clause (i) of eootion 90 of the same Act the following clanse Addition to 
shfoU be inwrted, that is to say :— aSd ame?d. 

Bom. A6t t t< ^^ notices given under section 74^ or section 76^ of the Bombay Land- ment of mc. 

" '^'^ revenne Code, 1879,»of relinquishment of occnpto^y by obc^ipaJrts, ^i/liS' 

or of alienated land by holders of such land/' 
{S) In section 91, for the word and letter ^^and {e) " the letters ahd word 
" \t) and (a)'' shall be substituted. 

(5) The said Act shall be construed as if die aniendments raadi in it by 
this section had been made at the time the Aol came into i^oree. 

- - — ■ ■ . .— ■ I ■ * ■ ; 

' Rep. by tlw Luad ItnptoTement Loui« Act, 1888 (XIX of 1883) uid the B^peaJuiA MHi 
Amending Act, 1891 (XII of 1801). printed, Qenenl Aets VoU IV, Bd. 1888, end ihid, VoU VI, 

xeepectivdiy* 

^ Printed, General Aete. Vol. IV, Ed. 188a 
* Printed, Bombay Gode^ VoU II, Sd. 1886, pp. 886 and 897* 



of 1879. 



68 



Amendment 
of sections 
40 and 64 
of the Indian 
Fenal Code. 

Amendment 
of section 76 
of the Indian 
Penal Code. 



Addition to 
section 216 
of the Indian 
Peual Codet 



Criminal Law Amendment. 

(Sece. auas.j 

ACT No. X OP 1886.1 



[1886 : Act X. 



[im March, 1886.'] 

An Act to amend the Code of Oriminal Procedure, 1882/ and 

certain other Acts. 

Whbbbas it is expedient to amend the Code of Criminal Procedure^ 1882/ ^ o^ ^^^ 
and certain other Acts ; It is hereby enacted as follows : — 

1-19. {^Amendment of certain sections of tie Code of Criminal Procedure, 
1882 {Act X of 1882) .] Bep. bjy tie Code of Criminal Procedure, 1898 {Act 
r of 1898). 

20. [Amendment of Bombay Dietrict Police Act {Bom. Act FIX of 
1867). 2 Hep. by tie Repealing and Amending Act, 1891 {XII of 1891)} 

Indian Penal Code.^ 

21. {1) In the second clause of section 40 of the Indian Penal Code/ XLYofl860. 
between the figures " 66 '' and " 71 " the figures '* 67 '' shall be inserted. 

{2) In the second clause of section 64 of the same Code, after the word 
^' punishable'' the words " with imprisonment or fine^ or'' shall be inserted. 

22. In section 75 of the same Code^ for the words '^ or to double the 
amount of punishment " to the end of the section^ the following shall be sub- 
stituted, namely : — 

'^ or to imprisonment of either description for a term which may extend to 
ten years." 

23. After the first paragraph of section 216 of the same Code the follow* 
ing shall be inserted, namely :*— 

^' ^ Offence ' in this section includes also any act or omission of which a 
person is alleged to have been guilty out of British India which, if he had been 
guilty of it in British India, would have been punishable as an offence, and for 
which he is, under any law relating to extradition, or under the Fugitive 
Offenders Act, 1881,^ or otherwise, liable to be apprehended or detained in 44 & 46 

_ Vict., cap. 69. 

^ Short title, ^ The Indian Criminal Law Amendment Act, 1886, ''«m the Indian Short 
TiUefl Act, 1897 (XIV of 1897). 

]B*or Statement of Objects and Beasonsi $ee Gazette of India, 1885, Pt. V, p. 249 ; for Beport 
of the Select Committee, iee ibidt 1886, Pt. IV, p. 10 ; and for Proceedings in Council, ««« t^'d; 
1886, Supplement, pp. 1141 and 1180, and «&«(f,1886, Snpplemeut, p. 417. 

Sb. 21 to 26 indosiye haye been declared in f6roe in the Santhil Parganas hy the Santhfl 
Parganaa Settlement Regulation (III of 1872) as amended by the Santh&l Faiganas Laws Begnla* 
tion, 1886 (III of 1886), printed, Bengal Ckxle, Vol. I, Ed. 1889, p. 597. 

Somndti as it amends the Indian Penal Code a»d Act V of 1871, this Act is in force in 
Upper Burma (except the Shan States) as being part of those two original Acts declared iu force 
there by s. 4 and tbe First Schedule to the Burma Laws Act, 1898 (XIII of 1898). 8s. 21 to 26 
of the Aet had previously been declared in force in Upper Burma (except the Shau States) by 
the Upper Burma Laws Act, 1886 (XX of 1886), now repealed by Act XIII of 189a 

* Sep. by the Code of Criminal Procedure, 1898 (Act V of 1898). 

> Printed, General Acts, Vol. VI. 

« Printed, General Acts, Vol. I, Kd. 1898, p. 240. 

> Piloted, Supplement to the Collection of Statutes relating to India, Ed. 1881, |>. 128. 



Id86 : Act X.] Criminal Law AmendmenL 89 

CSees. 84-25.) 

eoBtody in British India ; and eyery saoh act or omission shall^ for tbe 
pnrpoises of this section, be deemed to be punishable as if the aeonsed person 
had been guilty of it iti British India/' 

24, (i) For section 22&A of the same Code the following sections shall be fial>rtitaeioQ 
substituted, namely :— • tiom for 

flection 226A 
of the Indian 
Penal Code^ 
and repeal of 
Mction 661 of 
the Code of 
CiTil Proce- 
dare. 

" 225A, Whoever^ being a public servant legally bound as such public Omiseion to 
servant to apprehend^ or to keep in confinement^ any person in any case not or raffemce 
provided for in section 221, section 222 or section 223, or in any other law for *^?°^P®' °Ji 
the time being in force> omits to apprehend that person or suffers him to escape servant in 
from confinement, shall be punished — otherwiae 

(fl) if he does so intentionally, with imprisonment of either description P«>v»^d for. 
for a term which may extend to three years, or with fine, or with 
both ; and 
{b) if be does so negligentlyi vrith simple imprisonment for a term which 
may extend to two years, or with fine, or with both. 
'^ 225B. Whoever, in any case not provided for in section 224 or section Benatanoe 
225 or in any other law for the time being in force, intentionally offers any tioa to lawful 
resistance or illegal obstruction to the lawful apprehension of himself or of any appw^^enaion, 
other person, or escapes or attempts to escape from any custody in which he is reeone, in 
lawfully detained, or rescues or attempts to rescue any other person from any otherwiae 
custody in which that person is lawfully detained, shall be punished with im- provided for. 
prisonment of either description for a term which may extend to six months, or 
with fine, or with both. " 

(2) {^Repeal of sedion 651 of the Code of Civil Procedure {Jet XIV of 
1882). "l Sep. by tie Bepealing and Amending Aet, 1891 {XII of 1891). 

Prisoners Aet, 1871. 
V of 187L 25. For sections 80,^ 81 and 82^ of the Prisoners Act, 1871, the following Snhftitntioa 

shall be substituted, namely : — * tiona for 

„ ^ * jA jc • eectlona 80^ 

****** 81and82of 

the Friaonert 
Act 

'^81. (i) Whenever it appears to tbe Local Government that any person Bemovalof 



^ Sa. 80 and 82 enacted by thia Act are not reproduced aa new aections were anbeequently 
anbetitnted for them by as. 6 and 7 of the Friaonera Act (1879) Amendment Aot» 1894 (VII ol 
1894)| printed, General Actib Vol. VI. 



70 Criminal b0w Am$nimmt {XsS&l Aak Z. 

^^^^ detfii^ 09 impriOQiMd updey an; prier or a^tefte^ of mj Magistsnte or 

^ C!c»?t iei qI WflovoK^ miadjt (lv«k Qovemm^nti^ t>7 » warifioi setting fortii th«t 

groands of belief that the person is of mMoimd vnv4, 1097 orcitr hip lenoval 
tQ 1^ lilMkif» aqilum^ ^r onttior plaoe of mii^ eq^itady vitiiiji lk» tei ritoTies subject 
to the same Local Government^ there to be kept and tiented as the Local 
Government directs daring the remainder of the term for which he has been 
ordered or sentenced to be detained or imprisoned^ or^ if on the expiration of 
that term it is certified by a medical officer that it is necessary for the safety 
of the prisoner or others that he should be further detained under medical 
carQ or treatment^ then until he is discharged according to law* 

'^ (2) When it appears to the Local Government that the prisoner has 
become of sound mind^ that Government| by a warrant directed to the person 
having charge of the prisoner^ shall, if the prisoner is still Uable to be kept in 
custody^ remand him to the prison from which he was reqioved or to another 
prison within the territories subject to the same Local Oovernment, or, if the 
prisoner is no longer liable to be kept in custody^ order him to be discharged. 
♦ " (3) The provisions of section 9 of Act XXXVI of 1858 ^ {relating to 

Zunaiie Asylumi^ shall 9pply to every person confined in a lunatic asylum 
under sub-section, ( i) ^ter the expiration of the term for which he was ordered 
or sentenced to be. detained ox imprisoned ; and the time during which a 
prisoner is confined in a lunatic asylum under tliat sub-section shall be reckoned 
as part of the term of detention or imprisonment which he may have been 
ordered or sentenced by the Magistrate or Court to undergo. 

" (4) Li any case in which a Local Government is competent under sub- 
section (i) to order the removal of a prisoner to a lunatic asylum or other place 
of safe custody within the territories subject to the ^ame Local Government, 
the Governor General in Council may order his removal to any lunatic asylum 
or otb^ place of safe custody in any part of British India; and the provisions 
of this sectiou respecting the custody, detention^ remand and discharge of a 
prisoner removed by order of a Local Government shall, so far as they can be 
made applicable, apply to a prisoner removed by order of the Governor 
General in Council. 

* « « « «^ Ik^l 



^ Printed, aenenl Acts. Vol I, Ed. 1898, p. 166. 
' 8m footnote on preceding page 



1886 : Act XIJ TrmmmfM. Vl 



THE INDIAN TRAMWAYS ACT, 1886. 



CONTEKTS. 



Sbotions. 

1. Short title and commenoemeot. 

2. Local extent. 
8. Definitioiis. 

Orders authorizing tke Qmitmctioik nf 7f OfBirajf^. 

4. AppBeatioB for asKt eoiMent neoeBsary to mftkiag ^ or^et. 

5. Consent of local or road anthority not nee«6sary in certain eaeee. 

6. Proeednre for mafcing order, 

7. Contents of order. 

8. Farther order. 

9. Power to authorize joint work hy local atttheritioB. 

10. Cessation of powers gi^en by an order. 

Comtruetion and Maintenance of Tramway t. 

11. Mode of formation of tramway. 

12. Inspection of tramway before opening. 

13. Agreement between road-anthonty and promoter as to repair of road- 

way, 

Traffie on^Trwtma^* 

14. Rights of promoters and the pnbKc over tramways. 

15. Tolls leviable by promoter or lessee. 

% 16. Carriage of dangerous or ofEensive goods. 

Licensee to use Ttamffo/s*. 

17. Qrant to third parties of licenses to use tramway in certiotjiu events. 

18. licensee to give to proiftotor or lesssQwa tAQOunt of traffic. 

JDiecontinuance of liamwage^ 

19. Cessation of powers of promoter aad lessee on dieeoniiDiiaifeie of tram- 

way. 

20. Powers of road-authority on eeseation ol pewera ol pioiB^eiv. 

21. Proeeedinga in case cC insolveaojt of promoter.. 

Purciase of Tramways. 

22. Fat9X0 pvrt^Mif ^ undertaking bj kml aiitbQritr^ 



ii Tramways. [1886 : Act Xt. 

Working of Tramways owned by Local Authorities. 
Sections. 

23. Lease of^ or working ofj tramway by local authority. 

Rules. 

24. Power to make rules. 

25. Power to impose penalty by rale. 

26. Procedure for makings and publication oE, rules. 

Ojffenee9. 

m 

27. Penalty for &ilure of promoter^ lessee or licensee to comply with Act 

or order. 

28. Penalty for obstructiDg promoter in exercise of his powers. 

29. Penalty for interfering with tramway, 

50. Penalty for usin^ tramway with carriage having flange-wheels. 

51. Penalty for evading payment of proper toll. 

82. Penalty for taking or sending dangerous or offensive goods without 

giving notice. 
SS. Penidty for licensee not giving to promoter or lessee an account of 

traffic or giving false account. 

84. Saving of proBCcutions under other laws. 

Settlement of Differences* 

85. Differences between promoters or lessees and authorities. 

Recovery of Tolls. 

86. Recovery of moneys due from promoters and^ in certain oases^ from 

lessees. 

87. Recovery of tolls from licensees. 

88. Recovery of tolls from passengers. 

Savings, 

89. Promoter to have right of user only. 

40. Saving of power over roads traversed by tramways. 

41. Saving of power of local authority and police to regulate traffic on 

rcMids. 

Supplemental Provisions. 

42. Promoters^ lessees and licensees to be responsible for all injuries. 
48. Want of funds not a sufficient reason for default. 

44. Power to exempt from municipal taxation. 

45. Application by local authorities of local funds to tramways. 

46. Extension of Act to existing tramways. 

47. Prohibition of construction of tramways except under this Act. 

48. Transfer of control on exclusion of local area from circle of local 

authority. 

49. {Repealed.'] 

go. Powers of Local Government exerciseable from time to time. 



1886 : Act XI.] tramways. 78 

(Preliminary. Sees. U3.) 

» 

ACT No. XI OP 1886.1 

[mi March^ 1886.] 

An Aot to faoilitate the oonstruction and to regulate the working 

of Tramways. 

Whbbbab it is expedieot to faoilitate the conBtraotion and to regulate the 
working of tramways ; It is hereby enacted %s follows :•— 

Preliminary. 

1. (1) This Aot may be called the Indian Tramways Aot, 1886; and Short tttle 
(2) It shall come into force at once. mencement. 

2. (i) It extends in the first instance to the whole of British India except ^'^^ exteait. 
the territories administered by the Governor of Fort Saint George in Council, 

the Qoyernor of Bombay in Council and the Lieutenant-Governor of Bengal. 

{8) But the Governor of Fort Saint George in Councili the Governor of . 
Bombay in Coupcil or the Lieutenant-Governor of Bengal may^ by notifica- 
tion in the official Gazette, extend this Act to the whole or any part of the 
territories under his administration. ' 

3* In this Act, unless there is something repugnant in the subject or neflniiiom. 
context,— 

(i) 'Moeal authority *' means a municipal committee, district board, body 
of port commissioners or other authority legally entitled to, or entrusted hy 
the Government with, the control or management of a municipal or local 
fund : 

(S) '* road " means the way of a road, street, thoroughfare, passage or 
place along or across which a tramway authorized under this Act is, or is 
intended to be, laid, and includes the surface-soil and subsoil of a road, and 
the footway, berms, drains and ditohes of a road, and any bridge^ culvert 
or causeway forming part of a road i 



^ For Statement of Objects and Beasone, see Gazette oi India, 1886> Pt. V» p. 808 ; for Braort 
of the Select Committee, tee ihid, 1886, Pt. IV, p. 131 ; and for Proceedioga in Conodl, eee ibidf 
1885, Supplement, p. 1644 ; and ihid, 1886, Supplement, pp. 7 and 418. 

* The Act has been eitended to the whole of BomlMty, except the city of Bombay, and 
the town of Karachi and its suburbs, «m Bombay Gazette, 1887, Pt. 1, p. 899; it has also been 
extended to the dty of Madras, eee Fort St. (George Gazette, 1886» Pt. I, p. 760. 

It has been declared in force in Upper Burma (except the Shan States) by s. 4 and the First 
Schedule to the Burma Laws Act, 1898 (XIII of 1898). 

Bangoon possesses a separate Aot^ the lUmgoon Tramways Act, 188S (XXII of 1888), Burma 
Code, Bd. 1889, p. 211. 

Ibid, Lahore, sss the Lahore Tramways Act, 1886 (I of 1886), Punjab Coda^ Ed. 1888| 
9bS68 



7^ Tramw«t«^ [1886 : Act XZ. 

(Fnlimnarjf^ Sw^ 9./ 

{8) ^^road-aathority ^\ in relation to a road, means — 

(a) if a looal authority maintains and repairs the road^ then that 
Wlhoril^ ; 

(i) il a looal aaihority dpe^ ii,ot maintain and f^ffm Hb^imA^. and the void 
is neither yested in Her Mf^^sty nor maintained and repaired by 
the Government, then the person in whom the road is vested ; and 

(c) if a local aathority does not majfttain and repair the road, and the road 
is vested in Her Majesty or maintained and repaired by the Gov- 
ernment^ then the Looal Government : 

{4) '' circle '\ in relation to a boal authority or road-authority^ means the 
area within the control of that authority : 

(5) *' tramway ** means a tramway^ or any part of a tratOiway, or any 
siding^ turnout^ connection^ line or track belonging to a tramway ; 

{6) " order ^^ means an order authoriziQ|f the constraoUon of ^ tiramwaij 
under this Act, and includes a further order substituteid for, or amauding^ 
extending or varying, that order |: 

(7) ''promoter^' means a local authority or person in whoe^ favaw AO 
order has been made, and includes a local wtUQrity or p^irsQu w, wboiu tb^ 
rights and liabilities conferred and imposed on the promoter by thia Act wd 
by the order and any rules made under this Act ^ to the construction, mfdn- 
tonance and use of the tramway, have devolved : 

(9) '' undertaking'' includes all moveable and immoveable property of the 
projnoter suitable to and used by him for the purposes of th^ tiramw^ : 

(9) ^'carriage'', in the case of a tramway on which sti^m-power Of auj^ 
other mechanical power is used, includes an engine worked on the tram^^^ 
for the purpose of producing that power : 

{10) *^ toll '' includes any charge leviable in respcQt of the nm of a tramwajf : 

{H) '4ess^'' means a person to whom a leasct has ben^n grated of tU« 
right of user of a tramway and of demanding and taking the authorisjed toil?. % 

(13) ^^ District Magistrate " includes an officer einpow^red by th^ l4gtQal 
Government by name or by virtue of his office to discharge within any local 
area all or any of tho funotiona of a Diatriet Magistrate under thie Aet : 

(13) *' District Court *' means a principal Civil Coqrt of original jurisH 
diQtion, and includes a High Court having ordinary original civil jur&diction ; 

(14) ^'Colleetor'' means the chief officer in charge of the revcuHO-adninic* 
tration of a district, and includes an officer empQwered h^ th« I^ooal Oo^cm^ 
ment by name or by virtue of his office to dischai^e within a^y \o<^ area tk^ 
functions of a Coileetor under this Act : and 



(Orders wU^nMing ti& Catk^ttyfitim of Tratawaj/^ S$es. i-^.) 

meQt wieir thift Aot. 

Of^ftfftf authorifsing the Comtruetion of Dramtoay^* 
4. (i) The Local QoYernment may make an order aathorizing thet oon AppUeatloB 
strqotiou of a tramway in a circle on application made— wnt^aecw"' 

(a) y^v the local authority of the circle with the consent of the xoad mtj to 
aathority of any road or part of ik road which is to be trayersed orden 
by the tramway and of which the local authority iq not ijtsel 
the road*autbority j or 
{b\ by any person with the consent of the local authority of the circle, 
and of tb^ road-authority of any road or part of a road which is 
to be traversed by the tramway and of which the local authority 
is not the road-authority : 
Provided thatj^ if any part of the proposed tramway is to traverse land 
which is not included within the limits of a municipality or of a cantonmenti 
the Local Government shall not make the order without the previous saugtion 
of the Governor General in XyOunciL 

^ {8) A local authority shall not make an application for an orcUiir 07 be ^ 
deemed to consent to an application being made by any person for an order^ 
unless the making of the application or the giving of the coixseut has been 
approved by the local authority in manner prescribed. 

5. When it is proposed to lay a tramway in two or more circles^ and a Coment of 
local authority or road-authority having control in either or any of the circles i^oritrnot 
does not consent thereto, or attaches conditions to its consent, the Local Gov- neoeiMry in* 

cortun CM6I. 

ernmeut may^ nevertheless, make an order authoxiziog the construction of the 
tramway in the circle, or by the order impose on the prpmoter any conditions 
which it deems fit, if, after considering the reasons of the authority for with- 
holdilLg its consent or attaching the conditions th^reto^ it is satisfied that the 
construction of the tramway in the circle is expedient, pr, as the case may 
be, that the conditions attached by the authority to its consent ought not to 
be imj^OQ^d. 

6. {!) The Local Government on receiving an application shall consider ProoeduM 
it, and, if satisfied as to the propriety of proceeding thereon, publish in the ordw.*^''*^ 
official Ghtzette, and in such other manner as it deems suSeiant for ^mng in- 
formation to persons interested, a draft of a proposed ordec authorizing the 
construction of the tramway. 

1 Fop rales made under thii gab-e^olioa conieinjdj; w\^ ik %4k (i(> (A te Bikwa^ ^4 the 
Borma Bnlee Manual, Sd. 1897) p. 164. 



order. 



t^ framwags. [1686 : Act XL 

(Orders authorizing He Conetrueiion of Tramways. See. 7.) 

(;9) A Dotloe shall be published with the draft stating that any objection 
or suggestion which any person may desire to make with respect to the pro- 
posed order wil)^ if submitted to the Local Government on or before a date to 
be specified in the noticCi be received and considered. 

(3) If^ after considering any objections or suggestions wHich may have 
been made with respect to the draft on or before the date so specified, the 
Local Govemment is of opinion that the application should be granted, with 
or without addition or modification, or sabject or not to any restriction or 
condition^ it may make an order accordingly. 

(4) Every order ^ authorizing the construction of a tramway shall be pub- 
lished in the official Gazette in English, and in the other prescribed language 
or languages, if any ; and that publication shall be conclusive proof that the 
order has been made as required by this section, 

Oonteots of 7. (i) An order made under section 6 shall empower the promoter therein 

specified to construct and maintain the tramway therein described in the man- 
ner therein provided, and shall specify the time within which the tramway 
shall be commenced and the time within which it shall be completed and 
opened for public traffic. 

(;9) The order may also provide, in manner consistent with this Act, for 
all or any o£ the following, among other matters, that is to say :*« 

(a) a period before the expiration of which the tramway shall not be com- 
menced, and the conditions subject to which the local authority 
when it is not itself the promoterj may, within that period, elect to 
be substituted in the place of the promoter in respect of the under- 
taking or of so much thereof as is within its circle ; and the limits 
of time within which, and the terms upon which, the local authority 
may^ after the tramway has been constructed, require the promoter 
to sell to it the undertaking or so much thereof as is within its circle ; 
(i) the acquisition by the promoter of land for the purposes of the tram- 
way, and the disposal by him of land which has been acquired but 
is no longer required for those purposes ; 
(tf) the conditions subject to which roads may be opened and broken dp 
for the purposes of the construction or maintenance of the tramway 

^ Fer orders iMued aoder this section in— 

(1) the Bombay Presidency, Me the Bombay List of I«ocal Roles nnd Orders^ 1896, Vol. I, 

pp, 472 and 478 i 
{%) Bnrma, ««« Burma Gasette, 1891, Ft. I, > 226; 
(5) the Madras Presidency, «m Madras List of Local Bales and Orders, Vol. I, Ed. 1898^ 

p. 220 1 
(^ North- Western Provinces and Ondb, H% the North- Western Provinces and Ondh List 

of Locnl Rules and Orders, Bd. 1894, p. 122. 



1886 : Act XL] Tramways . 77 

(Orders authorizing the Construdion of Tramways. Sec. 7.) 

or any part thereof^ and the method of^ and materials to be used in, 
the reinstating of the roads^ and the approval of the method and 
materials by the Local Government or the road-authority before the 
commencement of the work ; 

(d) the conditions on which the tramway may be constructed over a 

bridge or across a railway or tramway when the carriageway over 
the bridge is to form part of the tramway or when the tramway is 
to cross a railway or another tramway on the level ; 

(e) the space which shall ordinarily intervene between the outside of the 

carriageway on either side of a road whereon the tramway is to be 
oonstmcted and the nearest rail of the tramway> and the conditions 
on which a smaller space may be permitted ; 

(/) the gauge of the tramway ; the rails to be nsed, and the mode in 
which ^ and the level at which^ they shall be laid and maintained; 
and the adoption and application by the promoter of such improve- 
ments in the rails^ and in their situation^ and in the sub-structure 
upon which they rest^ as the Local Government may from time to 
time require ; 

ip) the portion of the road or roads traversed by the tramway to be kept 
in repair by the promoter ; the maintenance by the promoter to the 
satisfaotion of the Local Government or the road-authority, or both, 
of that portion of the road or roads ; and the liability of the pro- 
moter^ on the requisition of the Local Government, from time to 
time to adopt and apply such improvements in the tramway as the 
Local Government may oonsider necessary or desirable for the safety 
or convenience of the public, and to alter the position or level of 
the tramway to suit future alterations in the road or roads ; 

(i) the application of material excavated by the promoter in the construe- 
tion or maintenance of the tramway ; 

(i) the provision of such crossings, passing-places, sidings, junctions and 
other works, in addition to those specified in or authorized by the 
order, as may from time to time be necessary or convenient to the 
efficient working of the tramway ; 

(/ ) the powers which may from time to time be exercised by the Local 
Government, the local authority, the road-authority or any person 
in respect of sewers, drains, telegraph-lines, gas-pipes, water-pipes 
or other things in or on land occupied by the tramway ; the notice 
(if any) to be given of the intended exercise of those powers ; the 
:nanner in which the powers shall be exercised; and the extent to 






U AvMMjrt. {1886: Act ZI« 

wliiah fc)i4 ixaiciwtty A*d tiM traffic theNoD oiay b0 interfered with 
ia tb^ eiterciee thereof ; 

(il) the iBoaditiofis evibjetst t<l whieh th* pkomoter knmy frond time to time 
interfere with^ or alter or require the ^ilteimtioii of the position of^ 
dDBilkie (not being eewen or tnaiti d^Hf), telegraph^'linet) fiT^s-pipes^ 
wmtor^pipes or other thiogfs as af oreeaid \ 

(I) the prbVisioto of a temporary tramway in pla<le of a part of a tramway 
which haa beeil remoTed, o^ of Whieh the ude has been discontinued^ 
by reason of the exeoatian df any v^ork affecting a road along 
whtoh the part of the tramway was laid) w by reamn of the nse of 
the road being interrupted by floods or other oanse ; 

(m) the motive powAr to be ased on the tramway^ and the oonditions on 
Whioh steam*power or any other meobanioal power may be used; 

(ti) the natnrO) dimeikldoiiS) fittings^ appliances atid apparatus of the car- 
riages to be used oA the tramway^ and the Inspection and examina- 
tion thereof by officers of the Local Government or the local author- 
ity^ and the liability of the pnomot^ or lessee^ on the requisition of 
the Local Government^ from time to time^ to adopt and apply such 
improteittetitfe in the carriages^ and in the fitting^) appliances and 
apparatus, tA the Leoal Government may ookisider necessary or 
desiMibie for the safely or oonvetiienoe of Iho public \ 

(o) the traffic which may be ^rried on the tramway, the traffic which the 
ptomoter or l^«ee shall be bound b6 cttrtj, und the traffic which he 
may refuse to carty ; the tolls to be leviable by the promoter or 
lessee, and the periodiclil revision thereof by the Looal Government ; 
and the regtdation of the Iraffie and of the levy of the tolls; 
(p) the use of the tmmWay it^ <& toll by the local authority, with its 
own cAyri{)ges, for specified pnrpoties, during specified hours, with 
power to the local authority to make Btteh sidings lind other works 
^ may be necessary for communication between its premises and 
the tramway \ 

\q) the conditions subject to which the promoter may transfer the under- 
. taking, or any part thereof, by sale, mortgage, lease, exchange or 
otherwise ; and the conditions subjeOt to which the Ibcal authority 
may be the transferee ; 

(r) the performance by the Local Government or by the looal authority or 
road-authority of any work required by the Act or the order to be 
done by the promoter ; and 



1886 : Ac* XIJ Tramwifi. 7« 

(f) the {>enalt7 to be inonrred by the promoter or lessee for failure to ob- 

senrtB «d j oonditidn or dif«ctton <K)ntained in the !!<^er> and the 

application of the penalty when recovered. 

\S) TIm Looal Goverameftt fiiay> in providing^ in the order f 6r <^e aioqnisi- 

tioft of land for tbs purposes of a tramway of which the promoter is not a 

oompany, direct that land may be aequived for the prom6ter «inddr the provi- 

\ of 1870. tioni of tbs Land Aoqmsition Act, 1870,^ in the same manner and on the same 

tionditioiis as it migkt be adqmired for the purposes of the t^amwuy if a com- 
pany were the promoter. 

{4) The order diall imply the oondition-** 

{a) in the case of a tramway of which a lodal authority is the promoter, 
that a lease thereof shall be granted only in manner by this Act 
provided ; and 

(ft) itt the case of a tramt^ay of which a local authority is'not the promoter, 
that a lease thereof shall be only of the right of user and of demand- 
ing and taking the authorized tolls^ and shall not confer or impose 
on the lessee any of th^ powers or duties of the promoter in respect 
of ^e constmction or maiDtenance of the tramway. 

8. (2) The Local Government may, on the application of the promoter, Fnrtlier 
revoke, amend, extend or vary the order by a further order. ^* 

(i?) An application for a further order shall be made in the same manner 
and subject to the same conditions as an application for an order. 

[3) The Local Government may, in its discretion, either grant or reject 
the iipplicalion. 

(4) If it grants the application, it shall make the further order in the 
same manner as an order, except that no addition to, or modification of, the 
rights, powers and authorities asked for in the application^ or restriction or 
condition with respect thereto, shall be made or imposed by the further order 
without the consent in writing of the promoter. 

9. [1) Subject to, and in accordance with, the provisions of this Act, the Power to 

J 1 a 

Local Government may, on a joint application, or on two or more separate joinw^k 
applications, make an order empowering two or more local authorities, respect- ^7 j^ 
ively, jointly to eonstract the whole, or separatdy to construct parts, of a 
tramway, and jointly or separately to own the whole or parts thereof. 

{2) All the provisions of this Act which relate to the construction of tram^ 
ways shall extend and apply to the construction of the whole and the separate 



>^AAA*«&tfiAAA^-^i«B^k**_^AAAd»ii^^ 



3 B99 tarn the Land Ao^liitioli Art, ISM (I of 1894), pnnM, Genital Aeii, Vol. TI. 



^ 



oi 
wen giftfi 
an order. 



Hodeof 
formstioii of 
Inunwmy. 

Iniipectioii of 
^nunway 
iMifore 
optfdng. 



80 Tramwass' [1886 : Act XL 

(Orders autkoriring He ConstrneHon of Tramway Sm See. 10, ConsirueHon 

and Maintenanee of Tramwafs. Sees. II'IS.J 

parts of ibe tramway, and the form of the order may be adapted to the eir- 
cumstances of the case. 

10. {1) If a promoter authorized by an order to oonstract a tramway — 
(a) does not within the time specified in the order substantially commence 

the construction of the tramway^ or 
(iy haying commenced the construction suspends it without a reason 
sufficient in the opinion of the Local Government to warrant the 
suspension^ or 
{e) does not within the time specified in the order complete the tramway 
and open it for public traffic, 
the following consequences phall ensue :— 

(i) the powers given by tho order to the promoter for constructing the 
tramway and otherwise in relation thereto shall, unless the Local 
Government, by special direction in writing, prolongs the time 
or condones the suspension, cease to be exercised except as to so 
much of the tramway as is then completed ; 
(ii) as to so much of the tramway as ia then completed^ the Local Goy- 
emment may either permit, or refuse to permit, the powers given 
by the order to continue ; 
(iii) if the Local Government refuses to permit the powers to continue, 
then so much of the tramway as is then completed may be dealt 
with, under the provisions of this Act relating to the discon* 
tinuance of tramways, as a tramway of the working whereof the 
discontinuance has been proyed to the satisfaction of the Local 
Government. 
(S) A notification published by the Local Government in the official 
Gazette to the effect that on a date specified in the notiBcation the construc- 
tion of a tramway had not been substantially commenced or a tramway had 
not been completed and opened for public traffic, or that the construction of a 
tramway had been suspended without sufficient reason, shall, for the purposes 
of this section, be conclusive proof of the matter stated therein. 

Censiruetion and Maintenanee of Tramways. 

!!• A tramway shall be eonstructed and maintained in the manner provided 
by the order« 

12. A tramway, or portion or extension of, or addition to, a tramway, shall 
not be opened for publio traffic until an engineer appointed in this behalf by 
the Local Governmept has inspected it and certified it to be fit for such traffic 



1886 : Act XL] Tramways. 91 

(Construetion and Maintenance of Tramways. Sec. 13. Traffic an Tramways. 

Sees. 14-15.) 

13. Snl^eot to the provisions of any order for the time being in foroe with Agr««m«it 

re peot to the matters mentioned in section 7, sab-seotion (<?), claaiie (g)^ the roAdHmtbority 
zoad-authority and the promoter may from time to time enter into agreements ^^^^^ ^ 
as to the keeping in repair of the whole or a part of a road traversed by ^^P^ of 
a tramway, and as to the proportion to be paid by either of them of the 
expense of keeping the road or part in repair. 

Traffic on Tramways. 

14. (i) The promotier of a tramway shall, snbjeot to the provisions of sob- Blghta of 
section (3) and to the other provisions of this Act and of the order, have the ^Qdth^" 
ezclnsive use of the tramway for carriages with flange- wheels or other wheels pabi^ooytr 
suitable to run on the rail described in the order as the rail to be used on the 
tramway : 

Provided that nothing in this Act or in the order or any rule made under 
this Act shall affect the right of any person authorized to use a tramway or 
railway to pass across a tramway constructed under this Act with carriages 
having wheels suitable to run on the rail thereof. 

(8) The public shall have a right to pass along or across any part of a road 
along or across which a tramway is constructodi whether on or off the tramway^ 
with carriages not having jGUknge-wheels or other wheels suitable to run on the 
rail of the tramway : 
Provided— 
(a) that this sub-section shall not apply whwe the tramway is constrootod 
on land the right to, the exclusive possession of which has beeu 
acquired by the promoter ; and 
(i) that the Local Government may by an order anthorize the construc- 
tion of a tramway on any part of a road with rails raised above the 
surface of the road, if it is satisfied that the convenience of the 
public will not be injuriously affected thereby. 
15. (i) The promoter or lessee may demand and take, in respect of the Tolb IsYkbU 
tramway, tolls not exceeding the limite specified in or determinable under the ^Imim. 
order, or, if the order conteins no provision in this behalf, then such sums as 
may from time to time be fixed by the promoter or lessee with the previous 
sanction of the Local Government. 

(j9) a list of all the tolls authorized to be levied shall be exhibited^ in such 
languages as the District Magistrate may direct, iu a conspicuous place inside 

and outeide each of the carriages used uppn the tramway, 

VOL. V. « 



Carriage of 
dangerous 
or odBPennve 
goodi. 



Qrantto 
iUrd parties 
of lioenses to 
use tramway 
Id certain 
tyents. 



8> Tramways. [1886 : Act XI. 

(Traffic on Tramways. See. 16. Lieeneei to use Trammaye. See. 17.) 

16t (i) A person shall not be entitled to carry or to require to be carried ^ 
on a tramway conBtmoted under this Act, any goods of a dangerous or offen- 
sive nature, 

{S) A person taking such goods with him on the tramway shalli before 
entering the carriage^ give notice of their nature to the servant of the pro- 
moter or lessee in charge of the carriage. 

(3) A person sending such goods by the tramway shall distinctly mark 
their nature on the outside of the package containing them> or otherwise give 
notice thereof in writing to the servant of the promoter or lessee with whom 
he leaves them for the purpose of their being sent by the tramway. 

{4) Any servant of the promoter or lessee may refuse to carry upon the 
tramway a parcel which he suspects to contain goods of a dangerous or ofEen- 
sive nature^ and, if any such parcel has been received for the purpose of being 
carried npon the tramway, may stop the transit thereof until he is satisfied as 
to the nature of its contents. 

(5) Where a servant of the promoter or lessee refuses under sub-section [4^ 
to carry a parcel which has been received for the purpose of being carried 
upon the tramway, he shall, as soon as may be^ give notice of his refusal to 
the consignor or consignee if he refuses at a time when neither of them is 
present. 

Licensee to use Tramwaye. 

17. If J at any time after a tramway or part of a tramway has been for 
three years opened for public traffic in a circle, the local authority of the circle 
represents in writing to the Local Qovernment that the pnblio is deprived of 
the full benefit of the tramway or of the part thereof^ the Local Oovernment 
may, if after considering any statement which the promoter or lessee or both 
may desire to make, and after such further enquiry as it deems necessary, it is 
satisfied as to the truth of the representation, grant a license to any person to 
use the tramway conformably to this Act and to the order and the rules made 
under this Act, subject to the following provisions^ namely :-— 

(a) the license shall be for a period not less than one year or more than 
three years from the date of the license, but the Local Government 
may in its discretion renew it ; 
{I) the license shall be to use the whole of the tramway for the time being 
opened for public traffic^ or such part or parts of the tramway as 
the Local Government, having regard to the cause for granting the 
license, thinks fit; 
(•) the license shall specify the number of carriages which the licensee 



1886 : Act XL] Tramways. 88 

fZieenses to use Tramways. Sec. 18. DiseanUnuance of Tramways. 

Sees. 19-20.; 

shall run upon the tramway, the mode in which, and times at 
which, the carriages shall be run, the ioUs to be paid to the pro- 
moter or lessee by the licensee for the use of the tramway, and the 
tolls, being those for the time being leviable by the promoter or 
lessee, which the licensee may demand and take for the nse of his 
carriages; 
{d) the licensee and his officers and servants shall permit one person, duly 
authorized for that purpose by the promoter or lessee, to travel free 
of toll in or upon eaeh carriage of the licensee run upon the tram^ 
way for the whole or any part of a journey ; 
(«} any provision of this Act, or of the order or rules made under this 
Act, relating to the functions of a servant of a promoter or lessee 
shall be construed^ so far as may be;, as referring to a servant of the 
licensee j and 
(f) the Local Oovemment may revoke, alter or modify the license for any 
cause sufficient in its opinion to warrant the revocation, alteration 
or modification thereof. 
18* A licensee shall, on demand, give to an officer or servant authorized in Lioenaeeto 
that behalf by the promoter or lessee an exact account in writing, signed by m^^J^*^ 
the licensee, of the niunber of passengers, or number or quantity of goods, ^^""^ ''^ 
conveyed by any and every carriage used by him on the tramway, tisffio. 

DisconUnuanee of Tramways* 

19. If it is proved to the satisfaction of the Local Government, at any CmtMoa of 
time after the opening of a tramway for public traffic, that the working of ^^Sc^and 
the tramway, or any part thereof , has been practically discontinued, for the ^^^^ ^^ 
space of three months, without a reason sufficient, in the opinion of the Local of tramway. 
Government, to warrant the discontinuance, the Local Government^ if it thinks 

fit may, by notification in the official Gazette* declare that the powers of the 
promoter and of the lessee, if any, in respect of the tramway or the part thereof 
of which the working has been so discontinued, shall, from the date of the noti- 
fication, be at an end ; and thereupon the said powers shall cease and deter* 
minCi except in so far as they may be purchased by a local authority in manner 
by this Act provided. 

20. (i) Where a notification has been published under section 19, the rowenol 
road-authority may, at any time after the expiration of two months from the ity on 
date of the notification, remove the tramway or part of the tramway of which ^^^ 



84 



powen of 
promoter* 



Tramtoafs, 
(Insolvency of Promoter* Bee. 21,) 



[1886 : Act XI. 



the working has been so disoontinaedj and use the materiali thereof in re- 
instating the road. 

{2) The promoter shall pay to the road-authority the cost inourred by that 
authority in removing the tramway or the part thereof and in reiustating the 
road. 

(5) The oost shall be certified by an oflScer of the road-authority, and his 
certificate, countersigned by the District Magistrate, shall be conclusive proof 
as to the cost incurred* 

(^ If the promoter does not pay the amount so certified within one month 
after the delivery to him of the certificate or of a copy thereof, the road- 
authority may, without any previous notice to the promoter and without pre- 
judice to any other remedy which it may have for the recovery of the amount, 
sell and dispose of such materials of the tramway or part thereof removed as 
it has not used in reiustating the road, either by public auction or by private 
sale, and for such sum or sums, and to such person or persons, as it thinks fit, 
and may, out of the proceeds of the sale, pay and reimburse itself the amount 
of the cost aforesaid and of expenses of the sale, and shall pay over the residue 
(if any) of the proceeds of the sale to the promoter. 



Prooeedingt 
inoMoof 
imolreiiey of 
^^oniotsr. 



Inioheney of Promoter. 

%\. (1) Ti, at any time after the opening of a tramway in a ciiole for 
public traflSc, it appears to the road-authority or local authority of the circle 
that the promoter of the tramway is insolvent, so that he is unable to main- 
tain the tramway, or to work it with advantage to the public, and either of 
those authorities makes a representation to that efEeot to the Local Govern- 
ment, the Local Government may, if after considering any statement which 
the' promoter may desire to make, and after such further enquiry as it deems 
necessary, it is satisfied as to the truth of the representation, declare, by noti- 
fication in the official Gazette, that the powers of the promoter shall, at the 
expiration of six months from the publication of the notification, be at an end ; 
and the powers of the promoter shall cease and determine at the expiration of 
that period, except in so far as they may be purchased by a local authority in 
manner by this Act provided. 

{2) Where a notification has been published under sub-section (1), the 
road-authority may, at any time after the expiration of six months from the 
date thereof, remove the tramway in the same manner, and subject to the 
same provisions as to the payment of the cost of the removal and to the same 



1886: Act XI J Tramway $. 86 

(Purchase of Tramways. See. 88 J 

remedy for recovery of the cost, in every respect as in cases of removal under 
section 20. 

Pu rehase of Tramways » 

88. {I) Where the promoter of a tramway in a circle is not the local ?«tarepar. 
authority, the local authority, with the previous sanction of the Local Govern- anS^^in- 
ment, may— i ty local 

authority. 

(a) within saoh limits of time as may be specified in this behalf in the 

order, or 
(i) if a time was not specified in the order, then within six months after 
the expiration of a period of twenty-one years from the date of the 
order, and within six months after the expiration of every subse- 
quent period of seven years, or 
[p) within two months after the publication of a notification under 
section 19 or within six months after th^ publication of a notifica- 
tion under section 21, 
by notice in writing, require the promoter to sell to the local authority his 
undertaking or the part thereof which is within the circle of the local author^ 
ity ; and thereupon the promoter shall sell the same upon the terms specified 
in the order, or, if the terms were not specified in the order, then upon the 
terms of paying the then value of the undertaking or of the part thereof, ex- 
clusive of any allowance for past or future profits of the undertaking or any 
compensation for compulsory sale or other consideration whatsoever. 

(9) A requisition shall not be made under sub-section (i) unless the 
making thereof has been approved by the local authority in manner pre- 
scribed* 

(3) When a sale has been made under this section, all the rights, powers 
and authorities of the promoter in respect of the undertaking or part thereof 
sold, or, where a notification has been published under section 1 6 or section 
21, all the rights, powers and authorities of the promoter previous to the pub- 
lication of the notification in respect of the undertaking or part thereof sold, 
shall be transferred to the authority to whom the undertaking or part has 
been sold^ and shall vest in, and may be exercised by, that authority in the 
same manner as if the tramway has been constructed by it under an order 
made under tliis Act, * 

(^ Subject to, and in accordance with^ the preceding provisions of this 
section, two or more local authorities may jointly purchase an undertaking or 
■0 much thereof as is within their circles^ 



86 Tramwafu [1886 : Act XI. 

(Working of Tramwaffs owned bf Local AvtkoriHe^m See. 23. Bulu. 

See. 34.) 



working of» 
tarMDwikj by 
looal author* 
ttj. 



Pbwer to 
aftka ralef. 



Working of Tramwags owned by Local Authorities. 

83« (i) When a local authority has under the authority o£ an order com- 
pleted a tramway^ or has under the provigions of this Act or of an order 
acquired possession of a tramway, it may, by a lease to be approved by the 
Local Oovemmenty let to any person the right of user of the tramway and of 
demanding and taking the authorized tolls. 

(S) On the determination of a lease the local authority may from time 
to time let the right for such further term and on such conditions as the 
Local Oovernment may approve. 

(S) Every lease made under this section shall imply a condition of re-entry 
if at any time after the making thereof it is proved to the satisfaction of the 
Local Government that the lessee has practically discontinaed the working of 
the tramway leased, or of any part thereof, for the space of one month with- 
out a reason sufficient; in the opinion of the Local Government, to warrant 
the discontinuance. 

{4) Notice of the intention of the local authority to make a lease shall be 
given in manner prescribed. 

(5) If the local authority [cannot by means of a lease obtain what it 
deems to be a fair rent for the tramway, it] may itself, with the previous 
sanction of the Local Government and for such term as the Local Government 
directs, place and run carriages upon the tramway, and demand and take the 
authorized tolls in respect of the use of the carriages. 

Bules. 

^ 24« (i)^In addition to any other power to make rules expressly or by 
implication conferred by this Act, the Local Government may make rules 
consistent with this Act — 

(a) as to the form in which an application for an order shall be made ; 
(5) as to the costs to be paid by an applicant in respect of an order, and 

the time when, and the place where, those costs shall be paid ; 
(«) as to the payment of money or lodgment of securities, by way of 
deposit, by the applicant for an order before the order is published 
under section 6, sub-section (^, or a further order is made under 
section 8 ; the investment of money so paid; the disposal of interest 
or dividends from time to time accruing due on money or securities 



■*«■ 



^ Vor ralei made for Burma under daoiei (&), (o), (<0» {J)^ (jr) and {k) of fab-Mction (i) of 
Ibif Metton , «m Burma Bulat Manual, Bd. 18979 P* !<>>• 



1886 : Act ZIJ TramwafB. gy 

(Rule9. Sec. 24j 

BO paid, lodged or invested; the applieafcion of the money or 
Beeurities or the produce thereof to the discharge of any liability 
incurred by the promoter ; and the forfeiture, repayment or 
return of the money or securities ; 
{d) as to the plans and section of any works to be deposited by appli- 
cants for orders or by promoters ; 
(e) for regulating the use of steam-power or any other mechanical power 

on a tramway ; 
(^ as to any matter specified in section 7, sub-section (fl), clauses (e), 
{d)s i^h U) ^^^ [t)$ 80 a matter which may be provided for in 
an order, when that matter has not been so provided for, or has 
not, in the opinion of the Local Government, been efEectually so 
provided for ; 
(y) as to the periodical submission, by [promoters, lessees and licensees, 
of accounts of traffic and receipts to the Local Ghovernment or as 
that Government directs, and as to the forms in which those ac« 
counts are to be subtnitted ; 
(A) as to the accidents of which report is to be made to the Local Govern* 

ment or as that Government directs ; 
(i) as to any matter respecting which rules may be made under this sec- 
tion by 4 local authority or a promoter or lessee ; and, 
(/) generally, as to any other matter or thing in respect of which it may 
seem to the Local Government to be expedient to make rules for 
carrying out the purposes of this Act. ^ ' 
(3) A local authority may, from time to time, with the previous 
sanction of the Local Government, make rules consistent with this Act and 
with the order and any rules * made by the Local 6oy<vnment under this 
Act for regulating-— 

[a) the rate of speed to be observed in travelling upon a tramway 

within the circle of the local authority ; 

(b) the use of animal power on the tramway ; 

{c) the distances at which carriages using the tramway are to be allowed 
to follow one after the other ; 



^ Ai to nilei made for Burma under this olanse conjointly with i. 4 {2), $•• footnote to that 
eeetion, »upra, p 75. 

* For rales made for Burma nnder this elanse conjoint! j ifith s. 86 (31), •«# footnote to that 
seetion^ k^ra. 

* Tor instance of ndee made under this power* #Si North- Weatem Profineea and Ondk 
List of Loeal Snlss and (Mm, Ed. 1894^ p. 182. 



88 Tramways. [1886 : Aet ZI. 

(Rules* Sees • 25*26 J 

(d) the stoppings of oarriagOB asing the tramway^ and tiie notice to be 

given to the pnblio o£ their approach ; 
{e) the manner in which carriages using the tramway after sunset and 

before sunrise are to be lighted ; 
(/) the traffic on roads along or across which the tramway is laid ; 
{f) the number of passengers which may be carried in any carriage ; 
{i) the licensing and control of drlversi conductors and other persons 
having charge of the carriages of the promoter or lessee or a 
licensee ; and^ 
(f) generally^ the mode of use of the tramway. 
' (3) The promoter or lessee of a tramway may, from time to time, with the 
previous sanction of the Local Government, make rules consistent with this 
Act and with the order and any rules made under this Act^* 

{a) for preventing the commission of any nuisance in or upon any car* 

riage, or in or against any premises, belonging to him ; and 
{h) for regulating the travelling in any carriage belonging to him. 
{4) The Local Qovernment may cancel any rule made by a local authority 
or by a promoter or lessee under this section. 
Pow«r to 25. The authority making any rule under section 24 may direct that a 

penalty breach of it shall be punishable with fine which may extend,—- 

^ '° ** {a) if the authority making the rale is the Local GK)verQment, to two 

hundred rapees, and> 
{i) if that authority is a local authority or a promoter or lessee, to 
twenty rupees ; 
and, when the breach is a continuing breach, with a farther fine which 
may extend,— 

[e) if the authority making the rale is the Local Government, to fifty 

rapees, and, 
((Q if that authority is a local authority or a promoter or lessee, to 
five rupees, 
for every day after the first during which the breach continues. 
SlS!i"and?' 26. (i) Every authority having power to make rules under any section of 
pttbl ration this Act shall, before making the rules, publish a draft of the proposed rules 
for the information of persons likely to be affected thereby. 

(2) The publication shall be made, in the case of rules made by the Local 
Government, in such manner as may in its opinion be sufficient for giving in- 
formation to persons interested, and, in the case of rules made by a local 

authority or by a promoter or lessee, in manner prescribed,^ 

*■ ■ ■. ' ■' • - - -t ^ ■ ■ ^ . ^ . - ■ ■ - 

* For rules at to mode of poblieation in ]3oniia» #•« BnriDa Bulos Manual, fid. 1897, p. 167* 



of^rolos. 



1886 : Act XIJ Tramwaffi. 80 

(Offences. Sees. 37^9.) 

(5) There shall be pablished with the draft a notice- specifying a date^ not 
earlier than the expiration of one month after the date of pnblicationi at or 
after which the draft will be taken into consideration. 

(^) The anthority shall receive and consider any objection or snggestion 
which may be made by any person with respect to the draft before the date 
•o specified. 

(5) The publication in the official Gazette of a rule purporting to be made 
under this Act shall be conclusive proof that it has been duly made. 

Offencei. 
97. If a promoter— Penalty for 

{a) oonstructs or maintains a tramway otherwise than in accordance with promoter, 

the order, or . ^ ^ ^ ^^„p,y 

(() opens the tramway for traffic, or permits it to be so opened, before it ^>^ Act or 

has been inspected and certified in manner required* by section 12^ 

or 

{e) fails to observe any requirement or condition of the order for neglect 

or breach whereof no penalty has been expressly provided in the 

order^ 

or if a promoter, lessee or licensee runs a carriage on a tramway otherwise 

than in accordance with the order, 

he shall (without prejudice to the enforcement of specific performance of 

the requirements of this Act or of the order, or to any other remedy which may 

be obtained against him in a Court of Civil Judicature), on complaint made 

by the Local Government or by the local authority or road-authority or by the 

District Magistrate or, with the previous sanction of the District MagistratCi 

by any person injuriously afEeoted by the act or omission, be punished with 6ne 

which may extend to two hundred rupees, and in the case of a continuing 

offence to a further fine which may extend to fifty rupees for every day after 

the first during which the offence continues to be committed. 

28« If any person without lawful excuse, the burden of proving which Penalty for 

shall lie upon him, wilfully obstructs any person acting under the authority of o^^^°^i^ff 

the promoter in the lawful exercise of his^powers in consttudting or maintain- exeroiw of 

ing a tramway, or injures or destroys any mark made for the purpose of ' 

setting out the line of the tramway, he shall be punished with fine which may 

extend to fifty rupees. 

29. If any person without lawful excuse, the burden of proving which Penalty for 

shall lie upon him,^ wilfully does any of the following things, namely : — i^th^taHn? 

(a) interleres with, removes or alters any part of a tramway constructed ^^ 

under this A<)t, or of the works connected therewith, or 



90 






D886: ArtXL 



Pentltyfor 
oflixig tnu^ 
wajwith 
euriAge 



ibngie-wliBelk 



Penalty for 
eYidingpay- 
mflnt of 
proper toll* 



Penalty for 
taking or 
■flnding dan- 
geronsor 
offenaiTe 
goodiwtthoat 
giving notice. 
Penalty for 
U o on e oe not 
glring to 



(i) places or tibiowB upon or acroM any sach tramway any wood, stone, 

refuse or oiher thing, or 
(e) does anything in soeh a manner as to obstmct any caniage nsingany 

such tramway, or 
(i) ahets within the meaning of the Indian Penal Code ^ the doing iJt, or XLY of laeo. 
attempto to do, anything mentioned in chiose (a), clause (i) or 
ehinse («), 
he shall (without prejudice to any other remedy which may be obtained 
against him in a Conrt of Civil Judicature) be punished with fine which may 
extend to one hundred rupees. 

30. If any person^ except under a lease from, or by agreement with, the 
promotor, or under license from the Local Goyemment granted under this Act, 
uses on a tramway, otherwise than as permitted by section 14, a carriage 
having flange-wheeb or other wheels suitable to run on the rail of the tram- 
way, he shall be punished with fine which may extend to two hundred rupees. 

31. (i) If any person travelling or having travelled in a carriage of the 
promoter or lessee or of a licensee evades or attompte to evade payment of toll, 
or if any person having paid toll for a certain distance wilfully proceeds in 
any sudi carriage beyond that distance and does not pay the additional toll 
for the additional distance or attempto to evade payment thereof or if any 
person wilfulty refuses or neglecte on arriving at the point to which he has 
paid toll to quit the carriage, he shall be punished with fine which may extend 
to ten rupees. 

ipl) When a person commits an offence under this section and refuses on 
demand of a servant of the promoter, lessee or licensee to give his name and 
residence, or gives a name or residence which the servant has reason to believe 
to be false, he may be arrested and taken to the nearest poUce-stetion by the 
servant or any person whom the servant may call to his aid. 

(S) When the person is token to the police-stetion he shall with the least 
possible delay be forwarded to the nearest Magistrate, unless his true name 
and residence are ascertained, in which case he shall be released on his exeout* 
ing a bond for his appearance before a Magistrate if so required. 

32. If any person takes or sendtf by a tramway any goods of a dangerous 
or offensive nature without giving the notice required by section 10, he shall 
be punished with fine which may extend to fifty rupees. 

83. (i) If a licensee fails on demand to give the account mentioned in 
section 18, or, with intent to evade the payment of tolls, gives a false account 

> PrlaM» QMml Atti, Vol. I, lid. 1888» p. MO. 



1886 J Act XL] Tramways. 91 

(Offences. Set. 34. Settlement of Differeneee. See. 85.) 

when he is ealled upon to give an account under that seetion^ he shall be i^moter 
punished with fine which may extend to fifty rupees- w^SSSmit 

IS\ The fine shall be in addition to any tolls payable by the licensee to the ^ *^® 

^ ' . or ^vtn^ 

promoter or lessee in respeot of the passengers or goods conveyed by the fi^iM ao- 
caniage or carriages used by the licensee on the tramway. 

34* Nothing in this Act shall prevent a person from being prosecuted Sanng <rf 
under any other law for an act or omission which constitutes an offence SSSw^to 
against this Aet or the rules made under it, or from being liable under that ^^' 
other law to any other or higher punishment or penalty than that provided by 
this Act or the rules made under it : 

Provided that a person shall not be punished twice for the same offence. 

Settlement of Differences. 

35* (i) If any difference arises between the promoter or lessee on the one DUferencei 
hand and the Local Government, or the local authority, or the road-authority, 5^*<Sert 
or a person having the charge of any sewers, drains, telegraph-lines, gas-pipes, ^^^^ 
water-pipes or other things in or on land oooupied by the tramway, on 
the other hand, with respect to any interference or control exercised or 
claimed to be exercised by, or on behalf of, either party by virtue of this or 
any other Act, or of the order or the rules made under this Act, or with 
respect to the propriety of, or the mode of, the execution of any work, or 
with respect to any compensation to be made by or to the promoter or lesseci 
or on the question whether any work is such as ought reasonably to satisfy 
the Local Government or the road-authority or both^ or with respect to any 
other subject or thing regulated by, or comprised in, this Act or the order 
or the rules made under this Act, and not otherwise expressly provided for 
thereiuj the matter in difference shall, except where the parties elect to proceed 
XI7 of 1882. nnder section 523 of the Code of Civil Procedure,^ be settled, on the applica- 
tion of either party, by a referee. 
(9) Where the differenee is— 

(a) between the promoter or lessee on the one hand and the Local Gov- 
ernment^ either as such or as the road-authority, on the other, or 
(6) between the promoter on the one hand and the local authority on the 
ether, with respect to the sum to be paid by the local authority for 
an undertaking or part of an undertaking which that authority has 
required the promoter to sell xmder section 22, 
the referee shall be the District Court within the jurisdiction of which the 

I PxiBtod, Qenml Aoto, VoL iy» Ed. 1808, p. S6S. 



92 



Tranueajf*. 
CBteoverf of Toll*. Sees. 86-37.) 



[1886: AotZI. 



fiecorery of 
moneys due 
from prO' 
moten and, 
in oertain 
cMes, from 
leweet* 



Iteoovery of 
tolls from 
lioenteet. 



tiamway is sitaate^ or where the tramway is within the jarisdiction o£ more 
than one Distriefc Courti the District Court within the jurisdiction of which 
the greater part of the tramway is fiituate. 

(3) In other cases the referee shall be appointed by the Local Government. 

{4) Except where the referee is the District Courts the powers and proced- 
ure of the referee may be prescribed. 

(5) In the case of a difference between a promoter on the one hand and a 
local authority on the other^ with respect to the sum to be paid by the local 
authority for an undertaking or part of an undertaking which that authority 
has required the promoter to sell under section 22^ an appeal shall lie to the 
High Court from the award of the referee as from an original decree of the 
District Court. 

{§) In the case of every other difference the award of the referee shall be 

final. 

Seeovery qf Tolls. 

36* Any of the following moneys^ namely^ any rent due to a local 
authority from a lessee^ any penalty recoverable from a promoter or lessee 
under an orders any sum payable by a promoter or lessee under an award of a 
referee^ the cost of the performance under this Act by the Local Government 
or by a local authority or road-authority of* any work required by this Act or 
by an order to be done by a promoter^ and the cost incurred by a road- 
authority in removing a tramway and reinstating a road under this Act^ may^ 
without prejudice to any other remedy that the authority to which the money 
is due may have by suit or otherwise^ be recovered by that authority^ on 
application made in this behalf to the Collector^ as if the sum due were an 
arrear of land-revenue due by the promoter or lessee or his surety (if any) ; 

Provided that nothing in this section shall authorize the arrest of the 
promoter or lessee or hia surety in eicecution of any process issued by the 
Collector. 

37. (2) If a licensee fails to pay on demand the tolls due for the use of a 
tramway^ the promoter or lessee to whom the tolls are due may^ without pre* 
judioe to the remedy which he may have by suit> apj^ly to a Magistrate to 
i*ecover the amount of the tolls, and the Magistrate may, after giving notice 
to the licensee if possible and allowing him an opportunity of being heard^ 
proceed to recover the amount by distress and sale of any carriages or other 
moveable property of the licensee which may be found on the tramway or on 
premises connected therewith, 

(2) When a licensee has failed to pay on demAnd the tolls due from him, 
the promoter or l^sec to whom the tolls are due may seize any carriage ot 



1886 ; Act XL] Tramwap. »« 

fBeeovery of Tolh. See. S8. Savinge. Sea. 89-41.) 

other moreable property of the lioensee on the tramway or on premises oon- 
neoted therewith, and detain the same for forty-eight hours unless the tolls are 
sooner paid. 

(d) When application is made to a Magistrate under sub-section {1), he 
may make an interim order of distraint pending his final decision. 

38. Any tolls due to a promoter, lessee or licensee from a passenger may be Beeovery of 
recovered either by suit or, on application to a Magistrate having jurisdiction p^Mi^m. 
within any local area in which any part of the tramway is laid, by distress 
and sale of any moveable property belonging'' to the passenger within the 
local limits of the jurisdiction of the Mf^istrate. 

Savings. 

89* (1) Notwithstanding anything contained in this Act^ or in an order Promoter to 
or any rule made under this Act^ a promoter shall not acquire any right other ^Jr ^y. 
than that of user only over a road along or across \vhich he lays a tramwy, 
nor shall anything contained in this Act, or in an order or any rule made 
under this Act^ exempt the promoter of a tramway^ or any other person using 
the tramway, from the payment of such charges as may lawfully be levied in 
respect of the use of a road or bridge along or across which the tramway is 
laid. 

{2) The Local Government may, if it thinks fit, fix rates at which a pro- 
moter, lessee or licensee may compound for the charges payable in respect of 
the use of a road or bridge. 

40. {1) Nothing in this Act, or in an order ^r any rule made under this SaTing of 
Act, shall take away or abridge any power which a road-authority, local author- JSadTtel^ 
ity or other person has by law to break up, widen, alter, divert or improve a 2*^^^ 
road^ railroad or tramway along or across which a tramway is laid. 

{2) The road-authority, local authority or other person executing any work 
referred to in sub-section (i) shall not be liable to pay to a promoter, lessee or 
lioensee any compensation for injury done to a tramway by the execution of 
the work or for loss of traffic occasioned by the reasonable use of any power 
lawfully exercised for the execution thereof. 

41. Nothing in this Act, or in an order or any rule made under this Act. Saving of 
shall affect the powers of a local authority or of a Magistrate or police-officer FcSa'author- 
to regulate the passage of traffic along or across a road along or across which a ^^^^^ 
tramway is laid ; and the authority. Magistrate or officer aforesaid may exer- refiraiate 
dse its or his powers as well on as off the tramway and with respect as wmU 
well to the traffic of a promoter, lessee or licensee as to the traffic of other 

persons. 



94 



TramiB»ft. 
(Sufplemtntmi Provmont. Sen. 



[1886 : Aet ZI. 



Promoter^ 
leasees ftnd 
licensees to be 
responsible 
fbriOl 
injuries* 



Wftnt of 
funds not a 
sufficient 
reason for 
dedBaulti 
Power to 
exempt from 
munidpal 
taxation. 



Application 
by local 
authorities of 
local funds 
to tramways. 



Sxtendonof 
Act to exist- 
ing tram- 
ways. 



Proldbition 
of construc- 
tion of tram« 
ways except 
under this 
A«t. 



Supplemental Propiiions* 

42. A promoter^ lessee or lioensee shall be answerable for all injuries happen- 
ing throngh his act or default or through the act or default of any person in 
his employment, by reason or in oonsequenoe of any of his carriages or worksi 
and shall save harmless all authorities and persons collectiYely and indivi- 
dually, and their officers and servants, from all damages and costs in leepect of 
injuries so happening. 

43. For the purposes of this Aet want of funds shall not be deemed to be 
a sufficient reason for the suspension of the construction, or the discontinuance 
of the working, of a tramway by a promoter or lessee. 

44. When a tramway is constructed under this Act within the limits of a 
municipality, the Local Gtovemment may exempt the animals, plant, rolling- 
stock, yards, workshops, engine-sheds and depdts of the promoter, lessee or 
licensee, for such period as it thinks fit, from all or any municipal taxes leviable 
within those limits. 

45* (i) The fund to or with the control or management of which the local 
authority of a municipality, cantonment or district is entitled or entrusted 
shall, notwithstanding anything in any enactment respecting the purposes to 
which that fund may be applied, be applicable, subject to the control of the 
Local Oovemment, to the payment of expenses incidental to the exercise of the 
powers and functions which may be vested in, or exercised by, a local authority 
under this Act. 

{2) The fund shall also be applicable, with the previous sanction of the 
Local Oovemment, to a guarantee of the payment of interest on money to be 
applied, with the concorrenoe in writing of the local authority, within the 
limits of the local area under its control, to any of the purposes to which the 
fund might be applied by the local authority under sub-section (i). 

46. The Local Government may, with the consent of the local authority 
and road-authority and of the promoter and his lessee (if any), extend any 
part of this Act, or any rules made under this Act, either with or without 
modification, to the whole or any part of a tramway constructed^ or authorized 
by the Local Oovemment to be constracted, before the passing of this Act, 
and may withdraw any part of the Act or any rules so extended, 

47* (i) A tramway of which the construction has not been authorized by 
the Local Government before the passing of this Act shall not, after the pass- 
ing of this Act| be oonstracted for pnbUc traffic in any place to which this Act 
•xtendsi except in pursuance of an order made under this Act. 



1886 : Act ZIJ Tramwofi. «6 

(Supplemental Provisiom. Sees. 48'60.J 
1886: ActXII.] Petroleum. 

{2) A person oonstrnoting a tmmway in contravention of lab-fleotion (t) 
of this sectioni 

or after the passing of this Act maintaining or using for public traffic, 
otherwise than in pursuance of an order made under this Aoi>^ a tramway which 
was not constructed^ or authorized by the Local Oovemment to be constructed^ 
before the passing of this Act^ 

shall be liable^ on the complaint of the Local Government or local author* 
ity^ to double the penalty to which a promoter acting otherwise than in 
accordance with an oider is liable under section 27. 

48» If at any time a local area comprising a tramway to which this Act or TnnBfer of 
any part thereof or any rule thereunder applies ceases to be included in the ^clodonof 
circle of a local authority, the functions of that authority under this Act, or ^^^^ "f^, 

" ' from circle 

the part thereof or the rule thereunder^ and under the order (if any), shall| of local 
in respect of that local area^ devolve on the Local Government or, if that ^^ ^^* 
Government so directs, on the local authority of the circle in which the 
tramway has been included. 

49. [Explanation and amendment of section 64 of RaUwag Jet.'] Bep. 
bf the Indian Railways Jet, 1890 (IX of 1890).^ 

50. All powers conferred by this Act on a Local Gx)vemment may be powen of 
exercised from time to time as occasion requires, ^^e^^^ 

_^_________.^ excroieeable 

from time to 

THE PETEOLEUM AOT, 1886. ^^ 



CONTENTS. 



Preliminafy» 
Seotionb. 

1. Short title, commencement and local extent. 

2. Repeal. 

8. Definitions. 

4» Matters supplemental to the definitions. 

Dangerous Petroleum^ 

5. Dangerous petroleum in quantities exceeding forty gallons. 

6. Dangerous petroleum in quantities not exceeding forty gallons. 

7. Vessels containing dangerous petroleum to be labdled. 

Petroleum generally. 

8. Power for Local Government to make rules as to importation and 

refining of petroleum. 

1 Printed, imfra, p. 410. 



1 



Short titla^ 
eommenoe- 
ment and 
IoobI extent. 



96 



SicnoNs. 



Fetroteum. 
{Preliminary. See. 1.) 



[1886 : Aot ZIt 



9. Frocedare after petroleum has been discharged or landed. 

10. Posseasion and transport o£ petroleum. 

11. Power to make rules as to possession and transport. 

12. Power to inspect and require dealer to sell samples. 

13. Notice to be given when officer proposes to test samples. 

14. Certificate as to result of testing; 

Penalties. 

15. Penalty for illegal importation^ possession or transport of petroleum. 
16* Penalty forkeepingi transporting^ selling or exposing for sale pet- 
roleum in contravention of section 7. 

17. Penalty for refusing to comply with section 12. 

18. Confiscation of petroleum. 

19. Jurisdiction. 

Test'Ofiparatue* 

20. Model test-apparatus. 

21. Verification of test-apparatus. 

Miseellaneout. 

2?.. Power to Local Government to exempt petroleum from operation of 

this Ajot. 
28. Power to apply this Aot to other fluids. 

24. Power to limit operation of enactments relating to municipalities* 
26. Power to revoke or vary notifications. 
26. Procedure for making and publication of rules. 

The schedule. 



ACT No. XII OF 1886.1 

[im Marei, 1886.} 

i.n Act to regulate the importation, possession and transport of 
petroleum and other fluids of a like nature. 

Whebeas it i» expedient to regulate the importation, possession and 

transport of petroleum and other fluids of a like nature; It is hereby enacted 

as follows :— 

Preliminary. 

1. (1) This Act may be oalled the Petroleum Aot, 1886 ; and 
(2) It shall come into force on such day ' as the G-ovemor General in 
Council, by notification in the Gazette of India, appoiota. 

' For Statement of Objects and ReaaonB, ses GaEette of India, 1886, Ft y> p. 166; for 
Report of the Select Committee, «m ibid, 1886, Pt. IV, p. 140 } and for Proceedingg in Goonci], 
s€€ ibid, 1886, Extra Sapplement, p. ^9; Snpplement, p. 846» and Supplement 1886^ p. 417. 

* The 2nd Anguit, 1800> «m Gaaette of Jndin^ 1^ Pb I, p. 696. 



1886 : Act XII.] Petroleum. 07 

(Preliminary. 8ee». 8-3.J 

» 

{3) ^ [Sections 1 to 4 of Uui Act and the provisions] relating to dan- 
gerous petroleum, and the importation of petroleum, extend to the whole 
of British India.' The rest of this Aot extends only to such local areas as 
the Local Government may from time to time, by notification in the oflSeial 
Gfazette, direot.* 

(^ Any power conferred by this Act to make rules or issue orders may 
be exercised at any time after the passing of this Act ; but a rule or order so 
made or issued shall not take effect until the Act comes into force. 

2t (i) On and from the day * on which this Act comes into force, the Bepeil, 
Vmof 188L Petroleum Act, 1881, shall be repealed : 

(S) But all notifications issued, rules made, licenses granted, powers con- 
ferred and certificates given under that Act shall, so far as may be, be deemed 
to have been issued, made, granted, conferred and given under this Act. 

8. In this Act, unless there is something repugnant in the subject or Definittons. 
context, — 

* (i) " petroleum '^ includes also— 
{a) the liquids commonly known by the names of rock oil, Rangoon oil, 
Burma ' oil, kerosine, paraffin oil, xnineral oil, petroline, gasoline , 
benzol, benzoline and benzine'; 
(i) any inflammable liquid which is made from petroleum, coal, schist, 
shale, peat or any other bituminous substance, or from any product 
of petroleum ; and 

* These words and figures were sabstitated for the words ^ The provisions of this Act " 
hy the B^eaiing and Amending Act> 1891 (XII of 1891), printed* General Acts, Vol. VI. 

* The whole Act has been declared in force in Upper Bnrma (except the Shan States) by s. 4 
and the First Schedule to the Bnrma Laws Aot, 1898 (XIII of 1898^. 

So much of the Act as relates to dangerous petroleum and the importation of petroleum, 
was applied to the Santhil Parganas under s. 8 of the SanthAl Farganas Settlement Begulation 
ail of 1872) as amended by the S«nth&l Parganas Laws Regulation, 1886 (III of 1886), printed, 
Bengal Code, Vol. I, Sd. 1880, p. 697, by Notification Ko. 187-M., dated 29th Hay, 1891, 
9§§ Calcutta Gazette, 1891, Ft. I» p. 659. 

The same provisions were also declared, by notification usder s. 8(a) of the Scheduled Dis- 
tricts Act, 1874 (XIT of 1874), printed. General Acts, ToL II, to be in force in the Chntid 
'Siigpja Division, «m Gazette of India, 1896, Ft. I, p. 625. 

Th^ have been extended, by notification under s. 5 of the same Act, to the Sindh-Fishin 
ieetion of the North- Western Bailway which lies within British BaluchiBtan, tee Gaaette of India, 
1885, Ft. II. p. 814. 

* The rest of the Act has been extended to — 

(i) Karachi and Aden, mbb Bombay Government Gaiett^ 1890, Ft. I» p. 841 ; 

(jS) the Muiddpality and Fort of Calcutta and various Suburban MunicipaHtiesy «m Cal* 

cutta Gazette^ 1889, Ft. I, p. 960; 
(3) the port and town of Bangoon, the port and town of Maulmain^ the port and town 

of Akvab^ the port and town of Bassdn and the municipality and oantomnent of 

Mandaiay, ms Burma Bules Manual, Ed. 1897, p. 167 ; 
(4 the Central Provinces, ms Central Provinces Gasette, 1896, Ft HI, p. 874 ; 
\S) various places in the Presidency of Fort St. Qcorgey «m Madias list of Local Bulca 

and Orders, Vol. I, Ed. 1898, p. 221. 
« The 2nd August, 1890, «m Gazette A India» 1890, Ft I> p. 96. 

* This dause was Bubstitated for the original clause by the Petroleum Act» 1898 (Vn of 180Q> 
s. 2. The original clause was the same as the new daus^ save that it has been broken up into 
•nb-cUusea (a), (h) and (c) and the words of sub-dause (o) are new. 

* See construction of term «* Burma'' to which this reference forms tha exception* in e. 7 ol 
the Burma Laws Act» 1898 (Kill of 1898). 

VOL, V. H 



s 



98 Fetfoleum. [1886: ActZIL 

(PreUminary. Sec. 4 J 

(e) any liquid or Tiscous mixture having in its 4X>mpoBitioii any of Hie 
liquids af oxeeaid : 

but it does not include any oil ordinarily used for lubricating purposes 
and haying its flashing point at or above two hundred degrees of Fahrenheit's 
thermometer : 

{8) '^dangerous petroleum '^ means petroleum having its flashing point 
below seventy-six degrees of Fahrenheit's thermometer : Provided that, when 
all or any of the petroleum on board a ship^ or in the possession of a dealer, is 
declared by the master of the ship or the consignee of the oargo^ or by the 
dealer^ as the case may be, to be of one uniform quality, the petroleum 
shall not be deemed to be dangerous if the samples selected from the petroleum 
have their flashing points, on an average, at or above seventy-three degrees 
of Fahrenheit's thermometer, and if no one of those samples has its flashing 
point below seventy degrees of that thermometer ; 

{3) '^import" means to bring into British India by sea or land, 

and ''importation" means the bringing into British India as afore- 
saide 

(4) *^ transport " means to remove from one place to another within 
British India ; and 

(5) ''ship" indudes anything made for the conveyance by water of 
human beings or property. 

Matters tup- 4, (jQ The flashing point of petroleum means the lowest temperature 

tbedeflni- at which the petroleum yields a vapour which will furnish a momen- 
^^°'' tary flash or flame when tested in accordance with the directions in 

the schedule to this Act with an apparatus which has been stamped and 
certifled as provided by this Act within a period of five years immediately 
preceding the date on which the apparatus is used for the testing, and after 
the corrections (if any) which the certificate declares are to be applied to tha 
results of the testing have been made. 

(9) Notwithstanding anything in the definitions of ^ import, " " import* 
ation" and '^ transport, " the Local Government, with the previous sanotiiNi 
of the Governor General in Council, may from time to time, by notification 
in the official Gazette, declare— 

(a) that petroleum imported into its territories from any part of British 
India, by sea or across intervening territory not being part of 
British In£a, shall, for all or any of the purposes of this Act, 
b« deemed to be tsansported ;^ and 



^ For insUmoe of notifloatiflstfafoed vote tills pofirsr, <#• fort St» Q«org« 8aiiN^ IM^ 
Fk If p^ 190 and S69« 



188B I Act XII«] Peiroleum. 91 

/Dangsrous Fetrohunu Sea* 5-6^ 

(b) that petrdeam ttansported into its territories from anj plaee in 

British India sliall, for all or any of those purposes^ be deemed to 

^be imported; 

and thereupon the provisions of this Aot^ and oi the roles made under this 

Aot^ with respect to transport and import, respeotirelj^ riiall apply to petro- 

lenm so imported or transported. 

^ {3) The Governor General in Council may^ by notification in the official 
Ghzette^ alter or add to the schedule to this Act by prescribaig new or varied 
teets, and directions for preparing and using them ; and all references 
ki this Act to the sohedule, when altered or added to, shall be construed as 
referring to the schedule ae so altered or added to for the time being. 
X of 1807. (4) The provisions of section iS of the General Clauses Aot^ 1897, shall 

apply to notifications under sub-section (3) as if they were rules or orders 
required to be made after previous pablioation. 

J)anger<m8 Fetroleunu 

5. (i) No quantity of dangerous petroleum exceeding forty gallons shall Dangeroai 
be imported or transported or kept by any one person or on the same pre- J^'ntlSw 
mises, except underi and in accordance with the conditions of, a license from exceeding 
the Local Oovernmeat granted as next hereinafter provided. 

{2) Every application for such a Uoease shall be in writing, and shall 
declare— 

(a) the quantity of the petroleum which it is desired to import^ 

transport or possess^ as the case may be ; 
(3) the purpose for which the applicant believes that the petroleum will 

be used ; and 
(c) that petroleum other than dangerous petroleum cannot be used for 
that purpose. 
(3) If the Local Government sees reason to believe that the petroleum 
will be used]for that purpose^ and that no petroleum other than dangerous 
petroleum can be used for the purpose, it may grant the license for the 
importation, tranepori or possession (as the ease may be) of the petroleum, 
absolutely or subject to such conditions as it thinks fit. 

6. No quantity of dangerous petroleum equal to or less than forty gallons Dangeroae 
shall be kept or transported without a license : ^SSSbitiM ^ 

Provided that nothing in this section shall apply in any case when the ^^^ exceed- 
qnantity of the petroleum kept by any one person or on the same premises, gallons, 

^ Snb-eece. {B) and (tf) were added to i. 4 by a. 8 of the Feferoleom Act, 1808 (VII 
of 1898). 

h2 



100 



Petroleum^ 



[1886 : Act XIL 



VeiMlf eon- 
tiding dftiiB 
geroni petro* 
leom to be 
Ubetted. 



Power for 
Loeel QoT- 
ernment 
to make rales 
Mto import* 
ation aod 
refining of 
petroleom* 



(JDangeroM Petroleum. See. 7. Petroleum generally. See. 8.) 



or transportedy does not exceed three gallons^ and the petroleum is phued 
in separate gbiss, stoneware or metal vesselsi each of which contains not 
more than a pint and is secifrely stopped. 

7. Dangerous petroleum— 

(a) which is kept at any place after seven days from the date on whioh 

it is imported, or 

(i) which is transported, or 

(c) which is sold or exposed for sale, 

shall be contained in vessels having attached thereto a label in conspicuous 

eharacters stating the description of the petroleum, with the addition of the 

words '' highly inflammable '^ and with the addition, — 

(^ in the case of a vessel kept, of the name and address of the consignee 

or owner ; 

{e) in the case of a vessel transported, of the name and address of the 

sender ; and, 

( /) in the ease of a vessel sold or exposed for sale, of the name and address 

of the vendor. 

Petroleum generally. 

8. {!) The Local Government, with the previous sanction of the Governor 
General in Council, may make rules consistent with this Act to regulate the^ 
importation of petroleum ^ and in particnlar— 

(a) to determine the ports at which only petroleum may be imported ; 
\fi) to ascertain the quantity and description of any petroleum on board 

any ship ; 
(c) to determine the places at which, and the conditions on and subject 

to which, petroleum may be discharged into boats, landed, tran^ 

shipped or stored ; 
{d) to provide for the selection by an officer appointed by the Looal 

Oovemment in this behalf, and for the delivery to him either after 

or before petroleum has been landed, of samples of all petroleum 

landed or intended to be landed ; 
(e) to provide, in the case of each consignment which is stated to be of 

one uniform quality, for the number of samples to be selected, and 

for the averaging of the results of the testing of those samples ; 

^ For rales regulating tbe importation of petrolenm bj aea into — 

(a) tbe Bombay Preeidenoy, «m Bombay Lift of Local Rnlee and Orders, Vol. I. 

Ed. 1896, p. exziv> and Bombay Qoverament Gazette, 1808* Pt. I, p. 796 1 
ttl) Boraia, «M Borma Rnles Manual, Ed. 1897i p. 167, et 9eq, / 
la) tbe Lower ProYinces of Bengal, tM Calcutta Gaiette, 1889, Pt. 1, p. 960 i 
(d) the Madras Presidency, ess Madras List of Looal Bales and Orders, YoL L Ed* 1898k 
p.»a. 



1886 : Act ZIL] FOroIeum. 101 

(Petroleum generally. See. 9 J 

(/*) to provide^ where the results of the testing of the samples raise ^ a 
doabt as to the nniformity of the quality of the petroleum in any 
such oonsignmentj for the diyision of the consignment into lots^ 
and for the selection and testing of samples of each lot, and for 
the treatment of the lot in accordance with the results of the test* 
ing of those samples ; 
{g) to fix fees for the sampling and testing of petroleum ; and 
[h) to fix fees for the storage of petroleum unless a body of port oom- 
missioners or other like body is empowered in that behalf. 
(S) The Local Oovernment^ with the pre^ous sanction of the Governor 
General in Council^ ^^7$ with respect to any petroleum produced within its 
territories, make rules— 

(a) to define the limits of the^places ^ where the petroleum is to be 

refined; 
(5) to provide for the testing of the petroleum at or near those places ; 

and 
(0) to prevent the removal from those limits, otherwise than under the 
provisions of this Act applicable to dangerous petroleum, of petro- 
leum which has not satisfied the tests prescribed by the rules. 
9. (i) Petroleum discharged into boats or landed in accordance with rules Procedom 
made'under section 8. sub-section (i), shall not be removed from the boats or f'*^ S^^o- 

leom has 

places in or at which it is stored until the samples selected therefrom in been dis- 
accordance vdth those rules have been tested ' by an officer appointed by the Uin^^ ^ 
Local Government in this behalf in the manner described in the schedule 
to this Act, with an apparatus which has been stamped and certified as pro* 
vided by this Act, and until the officer has given a certificate that the petro- 
leum is not dangerous petroleum. 

(;8) If the officer after testing the samples refuses to give [the certificate 
in respect of any petroleum, the Local Government may permit the consignee, 
within a time to be fixed by the Local Government in this behalf,— 

(a) to rectify the petroleum, 

(i) to apply for a license to import the petroleum as dangerous petro- 
leum, or 

(e) to re-export the petroleum. 



1 For notification nnder tbie clsaBe> m0 Notification No. 898, dated 28nd Noyember, 1897, 
Burma Gazette, 1897. Pt. I, p. 688. 

* For inttance of notification appointing testing oflSoeri under this power, 9$$ Madias Lift ol 
Local Bnles and Orders, Vol. I^ Bd. 1898, p, 222. 



108 



PoMefliion 
and tnnffport 
of petroleum. 



Powor to 
make ralet 
M to poiaef 
Mon ftnd 
tntDiport* 



P§troUmm. 08861 Act 

(Petroleum genetetlly. 8eeM» lOAl.) 



(S) If the consignee does not within tiie time fixed nuder subniection (S) 
vniX himself of the permiBBioB granted onder that snb-section, the petroleum 
may be disposed ol as the Local Government direots. 

(4) Notwithstanding anything in the foregoing portions of this section, 
the Local Government in its discretion may, where the officer has refused the 
eerti6cate, direct that the petrolenm be re- tested by another officer appointed 
by it in this behalf, and may, if that officer advises that the petroleum is not 
dangerous petroleum, authorise its removal from the boats or places in or at 
which it is stored. 

10. No quantity of petrolenm exeeediog five hundred gallons shall be 
kept by any one person or on the same premises or shall be transported 
except under, and in accordance with the conditions of, a license granted 
mnder this Act. 

11. {1) The Local Government, with the previous sanction of the 
Governor General in Council, may make rules ^ consistent with this Act as 
to the granting of licenses to possess or transport petroleum in cases where 
sueh licenses are by law required. 

(j9) The rules may provide for the following among other matters, that] is 
to say :— 

in the case of licensee to poesess petroIe»n<«« 
(tf) the nature and situation of the premises for whieh they may be 

granted^ and 
(i) the inspection of the premises and the testing of petroleum {««nd 
thereon; 
in the case of licenses to transport petroleum-*- 
(c) the manner in which the petroleum is to be packed, the mode and 

time of transit, and the route by which it is to be taken, and 
{d) the stoppage and inspection of it during transit ; 
in the case of both such licensee-*- 

(e) the authority by whieh the Uoense may be granted ; 

(f) the fee to be charged for it ; 

{g) the quantity of petroleum it is to oover ; 



' For rules rfgnlating the grant of lioenecs to poisen and transport petroleum in — 
(a) Bengal, tee Calcutta Gazette, 1896, Pt. I, p. 504 ; ihid, 1897, p. 820 1 
(&) the Bombay Preside ncj> «m Bombay List of ^Local Bales and Orders, VoL I« Bd» 

1897f p. czsIt s 
(0) Burma, §§§ Burma Bales Msnaal, Ed. 1897, p. 167 1 
(dy the Madras Prosidenoy, Mi Madras Liat of Looal Bales end Ordare, VoL I| 1i4 1898^ 

p. 222, 



1886 : Act XIL] Petroleum. 103 

(Pettoleum generally* Sees. 12-14. PenmlUee. Sec. 15.) 

(h) the conditions wbioh may be inserted in it ; 

(f) the time during which it is to continue in force ; and 

[j) the renewal of the license. • 

(S) The Governor General in Council may make rules consistent with this 

Act as to the granting of licenses to transport petroleum from any part of 

British India to any other part of British India in cases where such licenses 

are by law required ; and those rules may provide^ among other matters^ lor 

those mentioned in sub-section (J?) as matters for which rules made by ik Local 

Government with respect to licenses to transport petroleum may provide. 

12. Any officer specially authorised by name or by virtue of his office in Power to 

this behalf by the Local GovBTDment ' may requue any dealer inpetrolam ^'^ 

to show him any place and any of the vessels in which any petroleum in his tolw I9 mO 

flaamlM* 
possession is stored or contained^ to give him such assistance as he may require 

for examining the same^ and to deliver to him samples of the petroleam on 

payment of the value of the samples. 

18. When any such officer has^ in exercise of the powers conferred by sec- Nodoetobe 
tion l%j or by purchase^ obtained a sample of petroleum in the possession of a ^^^^ 
dealer, he may give a notice in writing to the dealer informing him that he is poms to tMt 
about to test the sample or cause it to be tested with the apparatus and in the 
manner described in the schedule to this Act, at a time and plaee to be fixed 
in the notice, and that the dealer or his agent may be present at the testing. 

14. On any such testing, if it appears to the officer or other perspn so CerttfiMte 
testing that the petroleum from which the sample has been taken is or is not ^ to^o^* 
dangerous petrol8um» the officer or other person may certify the fact \ and the 
certificate so given shall be receivable as evidence in any proceedings which 
may be taken under this Act against the dealer in whose possession the 
petroleum was found, and shall, until the contrary is proved, be evidence of 
the fact stated therein i and a certified copy of the certificate shall be given, 
free of charge, to the dealer at his request. 

FendUiee^ 

16. Any person who, in contravention of this Act or of any rules made Penalty tm 
vnAer this Act, imports, possesses or transports any petroleum, and any person S^S^^' 
who otherwise contravenes any such rules or any condition contained in a l^ ' -<»^ fl "^ <v 
license granted under this Act, shall be punished with imprisonment for a peM^oa. 
term which may extend te one month, or with fine which may extend to five 
hundred rupees, or with both. 



1 For instances of snch anthorizationy ms Bnrma Rales MaauaL Ed. 1897# p. 167. and tha 
Madftf Lift of Local Rules and Orders, Vol. I, Bd. 1898, p. 822. 



104 



VmAtjfax 

keeping* 

txanipmng* 

■eniDg or 

ezpodbigfor 

nlepeteo- 

leomiD ooiio 

travendoo of 

netiai7. 

Fenftltyfor 

lefiidiigto 

MBplj : 

withaeotkm 

IS. 



ConflMtilon 
•f petrdenm* 



Jnrii^tioiL 



Model tesk- 
apparetai. 



yeriflcfttion 
of test-appa* 
fataa. 



Petroleum. [1886 : Act Xn^ 

(TenalUes. 8ee$. 16-19. Tesi-apparaiui. Sees. 20-21.) 



16. Any person keeping, transporting, selling or exposing for sale petro« 
lenm in vessels not labelled as prescribed by section 7 shall be punished with 
fine which may extend to five liundred rupees. 



17« Any dealer in petroleum who refuses or neglects to show to any 
officer authorised under section 12 any place or any of tiie vessels in which 
petroleum in his possession is stored or contained, or to give him sach asdst- 
ance as he may require for examining the same^ or to give him samples of the 
petroleum on payment of the value of the samples, shall be punished with 
fine which may extend to two hundred rupees. 

18t In any case in which an offence under section 15 or section 18 has 
l^een committed, the convicting Magistrate may direct thatr— 

(a) the petroleum in respect of which the ofience has been committed, or 
ifi) where the offender is importing or transporting, or is in possession 
of, any petroleum exceeding the quantity (if any) which he is per- 
mitted to import^ transport or possess, as the case may be^ the 
whole of the petroleum which he is importing or transporting or is 
in possession of, shall, together with the tins or other vessels in 
which it is contained^ be confiscated. 
19, The criminal jurisdiction under this Act shall, in the towns of 
Calcutta^ Madras and Bombay^ be exercised by a Presidency Magistrate, and 
slsewhere by a Magistrate of the first class, or (where specially empowered by the 
Local Qovernment to try cases under this Act) a Magistrate of the second class. 

Teit-apparaUts. 

80t A model of the apparatus for testing petroleum under this Act, 
constructed in accordance with the description contained in the schedule to 
this Act, shall be deposited in theoflSoe of the Chemical Examiner to Govern- 
ment, Calcutta^ and be marked with the words ^' Model test-apparatus/' 

21. (I) The Chemical Examiner shall^ on payment of such fee (if any) as 
the Governor General in Council may, from time to time, by notification in 
the Gazette of India, prescribe,' compare with the said model test-appamtos 
and verify every apparatus for testing petroleum which is submitted to him 
for the purpose. 

(9) If any apparatus for testing petroleum^ when compared and verified as 
provided by sub-section (i), is found correct or correct subject to certain 



1 For sotifioation preMribiBg fates of feet, h$ Qasette of Indi% 18e0« Pt. I, p. 784, 



1886 : Act XII.] Petroleum. 105 

(Mieeellaneaut. Sect. 88'24j 

^orreotioDB to be applied to the results of tbe testei the Chemical Examiner shall 
^tamp the same with a special namber^ and with tbe date of the verificatioDi and 
shall farther give a oertifioate in writing under bis hand^ in a form to be 
prescribed by the Governor General in Conncilj^ to the effect that on the date 
aforesaid tbe apparatus was eom pared and verified by him and found to be 
oorreotj or correct subject to certain specified corrections to be applied to 
the results of the tests. 

(3) A certificate granted under this section sball^ until the contrary is 
proved, be conclusive prpof of the matters stated therein. 

{4) The Chemical Ejcaminer shall keep a register, in a form 'to be pre- 
scribed by tbe Governor General in Council, of the certificates granted under 
this section. 

(ff) Subject to the payment of such fees * as the Governor General in 
Council may, by notification in the Gazette of India, prescribe in this behalf, 
the said model test-apparatus sbalh be at all reasonable times open to inspec- 
tion by any person desiring to inspect it. 

Miseellaneous. 

22. The Local Government may, from time to time, by notification in the Power to 
official Gazette,* exempt from the operation of all or any of the provisions of ^me^to 
this Act, or of all or any of the rules made under this Act, any petroleum which ®^P* P^ 
has its flashing pomt at or above one hundred and twenty degrees of Fahren- operation ol 
heit's thermometer and is imported as ordinary cargo and in quantity not 
exceeding that specified in the notification, 

23. The Governor General in Council may, from time to time, by notifica- ^ower to ap> 
tion in the Gazette of India, apply the whole or any portion of this Act to to^o^r^^ 
any inflammable fluid other than petroleum, and may by the notification fix ^^°^^ 

in substitution for the quantities of petroleum fixed by sections 5, 6 and 10 
the quantities of the fluid to which those sections shall apply. 

24. The Governor General in Council may, from time to time, by Power to 
notification in the Gazette of India and in the local official Gazette, limit, in tion*cS^IIit. 
any manner he deems fit, the operation of any enactment for the time being ™*^*' ""^ 
in force relating to municipalities in any local area or to any particular ^tlX"^' 
municipality, and the exercise of any power conferred by any such enactment 

in so far as the enactment relates to the pos session or transport of pefroleura. 

! I^or notification pretcnbing form of pegirter, m Gazette of India, X890, Pt I. d BSfl 
• Pot notiflcation pre^ribin^ such a feer^. Gazette of India, ISSO^Pt. i;p TsV* *^- 

7ol. Al!'^p2^. "^"^^^"^ ^"^ *^ '^^^ -•' ^^-^ Lbt of LocafBole.««l Qrda«, 



106 



Power to 
roToko or 
Ytaj notifioa- 
ttons. 

IVooednre 
formAkiDg 
ftndpnblioft- 
tton of niles. 



Fetrolewm. p.886: Act 

(Mi9eellaneout. Been. 95-86. The SeheduteJ 



85* A notification made ander this Act may be revoked or varied bj the 
authority making it by a notification published in the same manner as the 
notification so revoked or varied. 

26. (i) An authority making rules under this Act shall^ before making 
the rules^ publish a draft of the proposed rules for the information of persons 
likely to be affected thereby. 

(9) The publication shall be made in such manner as the Oowrncr 
General in Council, from time to time, by notification in the Oasette of 
India, prescribes.^ 

(3) There shall be published with the draft a notice specifying a date at 
or after which the draft will be taken into consideration. 

{4) The authority making the rules shall receive and consider any objeoi* 
tion or suggestion which may be made by any person with respect to the 
draft before the date so specified. 

(S) A rule made under this Act shall not take cfEect if it is made by tho 
Governor General in Council until it has been published in the Gaaette of 
India, and if it is made by the Local Government until it has been published 
in the local official Gazette. 

{6) The publication in the Gazette of a rule purporting to be made under 
this Act shall be conclusive proof that it has been duly made. 

(7) All powers to make rules conferred by this Act may. be exercised 
from time to time as occasion req^uires. 



>*»*•• 



THE SCHBD.ULB. 

L^^Hahmre of He Te%Uafpafa$u9. 

The apparatus consists of the following parts :-— 

(1) the oiUcup ; 

(it) the ooveri with slide, test-lamp, and clock-work arrangement for 

opening and dosing the holes in the cover and for dipping the 

test*flame ; 
(8^ the water-bath or heating vessel ; 

(4) the tripod stand, with jacket and spirit-lamp for heatbg the water- 
bath; 



W l l * 



* For notiflcstioB prcMrTMng mode of pabliahing draft ralet. He Qaiette of In^^ IS^Ty Pt. 
1, p. 448 ; and for notiBoation preieriUng mode of publSshing draft rales for XTppor Bunna* «m 
Barma Boles ICanwtl, Bd. 18e7» p.176. 



1886: AotZIL] Paroleum. 107 

(The Schedule J 

(5) the thermometer for indicating the temperature of the oil in the 

oil-oap ; 

(6) the thermometer for indicating the temperatare of the water in the 

water*bath; 

(7) the thermometer for indicating the temperature of the oil before it 

is poured into the oil-cup ; 

(8) the dropping bottle or pipe^e for replenishing the test-lamp ; and 

(9) a barometer standardised at the Meteorological Office of the prov* 

inee or at anj other plaee appointed bj the Local Ooyernment. 
' The oil-cup is a cylindrical flat«bottomed vessel^ made of gun«metal or 
brass> and tinned or silvered inside. A gauge is fixed to the inside of the 
cup to regulate the height to which it is to be filled with the sample under 
examinatioa. 

The cup is provided with a close-fitting overlappiAg covef^ whick carries 
the thermometer, tha test*lamp and the adjuncts thereto. The test^lamp is 
suspended upon two supports by means of trunnions^ whioh allow it to be 
easily inclined to a particular angle and restored to its original position. The 
socket in the cover, which is to hold a round bulb thermometer for indicatiiig 
the temperature of the oil during the testing opeiation, is so adjusted that 
the bulb of the latter is. always inserted in a definite position below the sur- 
face of the liquid. 

The cover is provided with three holes, one in the centre and two smaller 
ones close to the sides. These are oleeed and opened by means of a pivoted 
slide* When the slide is moved so as to uncover the holeS| the suspended 
lamp is caught by a» {projection fixed on the side^ and tilted in sach a way as 
to bring the end of the spout jnst below the surface of the lid. As the slide 
moves back so as to cover the holes, the lamp returns to its original position. 
Upon the cover, in front of and in a line with the nozzle of the lamp, is fixed 
a white bead, tha diameter of which represents the sise of the test»flame to 
be«sed. 

The waier«batli]|or beating vessel is so constructed that^ when the oil-cup 
is placed in position in it, an air-space or air-chamber intervenes between the 
two; consequently, in applying the test under ordinary circumstances, the 
heat is transmitted gradually to the oil from the hot water through the air- 
space. The water-bath is fitted with a socket for receiving a long bulb 
thenmometer, to indicate the temperature of the water. It is also provided 
with a funnel, an overflow*pipe and two handles. 

The water-bath rests upon a tripod stand, which is fitted with a copper 
cjlinder or jacket, so that the bath ie surrounded by ai| enclosed air»spaos^ 



108 Petroleum. [1886 : Act TTT, 

fTke Schedule.) 

which refcaius and regalatcB the heat. Oqb of the legs of the stand serves as 
a BQpport for a spirit-lamp^ which is attached to it bj a small swing bracket. 
The clockwork arrangement^ bj which during the operation of tesiing the 
-slide is withdrawn^ and the test^flame dipped into the cnp and raised again 
as the slide is replaced, is provided with a ratchet key for setting it in action 
for each test, and with a trigger for starting it each lime that the test-flame 
10 applied. 

II. — DireeHonefor drawing the Sample and preparing it for testing. 

1. Drawing the sample. — In all cases tilie testing officer or some person 
duly authorieed by him shall personally superintend the drawing of the sample 
from an original unopened tin or other vessel. 

An opening sufficiently large to admit of the <nl being rapidly poured or 
oyphoned from the tin or other vessel shall be made. 

Two bottles, each of the capacity of about forty fluid ouncesi are to be 
filled with the oil. One of these, the contents of which is intended to be 
preserved for reference in case of need, is to be carefully corked, the cork 
being well driven home, cut off level with the neck, and melted sealing-wax 
worked into it. The other bottle may be either stoppered or corked. 

8' Preparing the sample for fe^n^.*- About ten fluid ounces of the oil, 
sufficient for three tests, are transferred from the bottle into which the 
sample has been drawn to a pint flask or bottle, which is to be immersed in 
water artificially cooled until a thermometer, introduced into the oil, indicates 
a temperature not exceeding 60^ Fahrenheit. 

Ilh — DifedtioM for preparing and using the Test-apparatus, 

i. Preparing the teater-bath. — The- water-bath is filled by pouring water 
into the funnel until it begins to flow out at the overflow-pipe. The temper- 
ature of the water at the commencement of each test, as indicated by the long 
bulb thermometer, is to be 130^ Fahrenheit, and this is attained in the first 
instance by mixing hot and cold water^ either in the bath or in a vessel from 
which the bath is filled, until the thermometer which is provided for testing 
the temperature of the water gives the proper indication ; or the water is 
heated by means of the spirit-lamp (which is attached' to the stand of the 
apparatus) until the required temperature is indicated. 

2, Preparing the fest-lamp.^^Tiie test-lamp is fitted with a piece of cylin- 
drical wick of such thickness that it fills the wick*holder, but may readily be 
moved to and fro for the purpose of adjusting the size of the flame. In the 
body of the lamp, upon the wick, which is coiled within it, is placed a small 



1886: ActXIL] Petroleum. 10» 

(The SeheduU) 

tnft of cotton woolj moistened, with petroleam, any oil not absorbed by 
the wool being remored. When the lamp has been lighted^ the wick is 
adjusted by means of a pair of forceps until the flame is of the size of the 
bead fixed on the cover of the oil-cop ; should a particular test occupy so 
long a time that the flame begins to get smaller^ through the supply of oil. 
in the lamp becoming exhausted, three or four drops of petroleum are allowed 
to fall upon the tuft of wool in the lamp from the dropping bottle or pipette 
provided for that purpose. Thia can be safely done without interrupting 
the test. 

3. Filling tie of7-^ji.— The oil-cup having been previously cooled, by 
placing it bottom downwards in water at a temperature not exceeding 60^ 
Fahrenheit, is to be rapidly wiped dry, placed on a level surface in a good 
light, and the oil to be tested is poured in very slowly, without splashing, 
until its surface is level with the point of the gauge which is fixed in the 
eup. The round bulb thermometer is inserted into the lid of the cup, care 
being taken that the projecting rim of the collar touches the edge of the 
socket ; the test-lamp, prepared as already described, is placed in position, 
and the cover is then put on to the cup and pressed down so that its edge 
rests on the rim of the cup. 

4. Application of the test.-^The water-bath, with its thermometer in 
position, is placed in some locality where it is not exposed te currents of air, 
and where the light is sufficiently subdued to admit of the size of the entire 
test-flame being compared with that of the bead on the cover. The cup is 
carefully lifted without shaking it, and placed in the bath, the test-lamp is 
lighted, and the clockwork wound up by turning the key. The thermometer 
in the oil-cup is now watched, and, when the temperature has reached 
66^ Fahrenheit, the clockwork is set in motion by pressing the trigger. 

If no flash tekes place^ the clockwork is at once re-wound and the trigger 
pressed at 67^ Fahrenheit, and so on, at every degree rise of temperature, 

until the flash occurs, or imtil a temperature of 95° Fahrenheit has been 

* 

reached, 

^ If the flash tekes place at any temperature below 77^ Fahrenheit, the 
temperature at which it occurs is te be recorded* Two fresh portions of the 
sample are then to be successively tested in a similar manner and the results 
recorded. If no greater difference than 2° Fahrenheit existe between any 
two of the three recorded resulte, and if in no instance the flash has teken 



1 Thif clauM was labstitatedfor the oiiginaloUaseby the Petroleam Act (1886) Amendment 
Aefc» 1890 (XIY of 1890), printed, inft'a, p. 469. 



110 Fdrohum. [1886 : Act XH. 

(TheSeheMeJ 

pbce wWr W" eight degreeB of ilie temperatare st whieh the testing is com* 
meiioed^ eadi raralt is to be coneeied for mtmospliefio pressure as hereaftv 
deseribed, and the average of the three corrected results is the flashing peitt 
of the sample. In the erent of there bring a greater diSeienos than 8? 
Fahrenheit between anj two of the results, while in no instance has the flash 
taken place witiun eight degrees of the temperature at whieh the testing was 
commenced, the series or tests is to be rejected, and a fresh series of three 
similarly obtained, and so on, nntil a safficientlf conoordaat series is fornished, 
when tiie resolts are to be corrected and the aysrage taken in the manner 

already described. 

^ If however, a flash has occurred at or below 64^ when the test is applied 
Id the manner above described, the next testing shall be commenced ten 
degrees lower than the temperature at which the flash had been previonsly 
obtained (that is to say, ^ 64f* or hereunder), and this procedure shall be 
continued until the results of three consecutive tests do not show a greater 
difference than 2^, and until a flash has not oeeurred in any of the three 
tests within eight d^prees of temperature at which the testing is commenced : 
Provided always that, if at the commencement of the series of tests a flash 
has occurred on the first application of the test-flame at 66'', and if a flash 
has also occurred on the first application of the flame in each of three 
successive tests in which, thereupon, the test^ame is first applied at 46^ as 
above directed, the testing officer shall certify that the petroleum has a 
flashing point below 47*^, and the sample shall be reported dangerous. 

1( a temperature of 76^ Fahrenheit has been reached without a flash 
occurring, the application of the test-flame is to be continued at every degree 
rise of temperature until a temperature of 96** Fahrenheit has been reached. 
If no flash has occurred up to this point, and if the petroleum is declared to 
be imported subject to the provisions of Hie Act, the tests shall not be con- 
tinued, and the testing officer shall certify that the petroleum has a flashing 
point over 95^ and is not dangerous. But, if the petroleum is oil ordinarily 
used for lubricating purposes and is declared to have its flashing point at or 
above 800* or is oil to which a notification of the Local Government exempt- 
ing it bom the operation of the Act will be applicable in the event of the 
flashing point bring found to be at or above 120°, the test shall be continued 
as follows t — ^The oil-cop is to be removed from the water-bath, and the 
temperature of the water in the water -bath is to be reduced to 95^ Fahrenheit 

I Thii olsase wm mbstitnted for the original olanie by tbe Petroleam Act (1886) Amend* 
ment Act, 1«90 (XIV of 1990), printed, inft-a, p. 4e§. 



1886 : Act XII.] Petroleum. Ill 

(The BcAeduleO 

hy pouring cold water into the funnel (the hot water escaping by the overflow* 
pipe). The air-ohambar is then to be filled to a depth of !( inches witfi 
water at a temperature of about 95^ Fahrenheit^ the oil-oup is to be replaced 
in the water-bath and the spirit-lamp attached to the water- bath is to be 
lighted and placed underueath. The test-flame is then to be again applied, 
from 96^ Fahrenheit^ at every degree rise of temperature as iodioated by the 
thermometer in the oil-oup, until a flash takes place or until a temperature of 
200° Fahrenheit or 120^ Fahrenheit^ as the case may be, has been reached* 
If during this operation the test-flame appears to diminish in size, the 
lamp is to be replenished in the manner prescribed at (2) without interrupl* 
ing the test. 

If a flash occurs at any temperature between 76° and 200^ Fahrenheit, the 
temperature at which it occurs, subject to correction for atmospheric pressure, 
is the flashing point of the sample. 

In repeating a test a fresh sample of oil must always be used, the tested 
•ample being thrown away, and the cup must be wiped dry from any adher- 
ing oil and cooled, as already described, before receiving the fresh sample. 

6. Correetionfor atmospkerio preBsure."^ As the flashing point of an oil 
is influenced by changes in atmospheric pressure to an average extent of 
1*6° Fahrenheit for every inch of the barometer, a correction of the observed 
£ashing point may become necessary. The* height of the barometer must 
therefore be determined at the time of making the test for the flashing point. 
The true height of the barometer for the purpose of the test shall be con- 
sidered to be the height of the column of mercury measured at 32° Fahrenheit 
which is supported by the air pressure at the -time of the experiment ; that 
is, the actual height of the barometer at the time of observation duly cor- 
rected for any error of the instrument and for its temperature, if necessary. 
For the purpose of applying the correction to the flashing point of the oil 
obtained by the test, a table is appended to this schedule giving the flashing 
points of oils ranging from 65° to 80° Fahrenheit, under pressure ranging 
from 27 to 81 inches of mercury. 

The table is used in the following matiner : — 

Btamfle. — An oil has given a flashing point of 71°, the barometer being 
at 28*6 inches ; take the nearest number to 71°^ in the vertical column headed 
28*6. This number is 70*8. Substitute for this the number in the same 
horizontal line in the column headed 80 (the normal of the barometer). 
The substituted number, that is, the true flashing point of the oil, iis 73°. 



112 

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1886: ActXin.] Seeuriiies. US 

fSees. 1-2 J 

THE INDIAN SECURITIES ACT, 1886. 



CONTENTS. 



SscnoNs. 

1. Short title and oommencement. 

2. Kep<-al. 

8. Definitions. 

4. Notu-e of trust not receivable. 

5. Ei(>ht of sarvivors of joint payees of Government securities. 

6. Prohibition of indon^ements on allonges to Government securities. 

7. Holdini^ of Gt>vemment securities by holders for tlie time being of 

public offices. 

8. Traiififer and discharsre of oertifieates and coupons. 

9. Indorser of Government security not liable for amount thereof. 

10. Impression of signature on Government securities. 

11. Issue of renewed securities. 

12. Issue of duplicate securities, 

13. Period after which the Government is released from liability in 

respect of original security. 

14. Power of Governor General in Council to make rules. 
15* Publication of drafts and rules. 



ACT No. XIII OP 1886.1 

[19a March, 1886.] 

An Act to ooDSolidate and amend the law relating to Government 

Securities. 

'Whbbbab it is expedient to consolidate and amend the law relating to 
Government securities ; It is hereby enacted as follows : — 

1. (/) Thitf Act may be called the Indian Securities Act^ 1880 ; and Short title 

(fl^ It shall oome into force on tbe first day of April, 18eJ6. * * ^ ** moneem^t, 

III of 1881. 2, (i) On and from the day on which this Act comes into force, the Repeal. 

XIX of 1885. i^^^n Securities Act, 1881, and the Indian Securities Act, 1885, shall be 

repealed. 

{2) But any authority conferred, notification issued, list published or rule 

^ For Statement of Objects and Reasons, see Gazette of India, 1886, Pt. V, p. 49 ; for Report 
of the Select Comi»ittee. see ibid, Pt. lY, p 191 ; and for Proceedings in Council, see ibid, Sup- 
plement, pp 826. 8S.H and G69. 

This Act has been declared in force in Upprr Burma (except the Shan States) by the Upper 
Burma Laws Act, 1886 (XX of 1886), s. 6 (i). See now ». 4 and the First Schedule to the Burma 
Laws Act, 1898 (XIII of ISi^S) by whi.h vt XX of 1^86 has been repealed. 

' Sub-sec (5) « hich was as follows :—" Tl'e power conferred on the Governor General in 
Council by section 7» sub-section (i), may be exercised at any time after the passing of tins Act; 
but a notitleatioii issued in exercise of that power shall not lake efPect until the Act comes into 
tooe," was repeated by the Bepcaling nod Amending Act» 1891 (XII of 1891)i printed* Genertl 
Aets, Vol. YI, Ed* 1898. 

TOL, Vt I 



114 



DeAnitumt. 



Notice of 
trast not 
receivable. 

Bight of 
earviyon of 
joint payees 
of GoYen- 
mentiecari- 
tiei. 



Probitdlion 
of indoTM- 
meute on 
allonge to 
Gorernnient 
feoorltiei. 



Holding of 

Government 

■eeantteel^ 



C8eei. S^7.J 



[1886 : Act XIH. 



or order made under either of those ActfiTshallj so £ar as may be^ be deemed 
to hftYO been conferred, issued; published or made under this Act. 

3, In this Act — 

(i) '' Government security '' includes promissory notes^ debentures, stock 
certificates and all other securities issued by the Qovernment . of 
India or by any Local Government in respect of any loan contracted 
either before or after the passing of this Act, but does not include 
a stock-note or a currency-note : and 

{8) '' prescribed '^ means prescribed by rules made by the Governor 
General in CounciU 

4, No notice of any trust in respect of any Government security shall be 
receiyable by the Government. 

6. (1) Notwithstanding anything in the Indian Contract Act, 1872,^ IX of 1873. 
section 45, when a GoYcmment security is payable to two or more peraons 
jointly and either or any of them dies, the security shall be payable to the 
survivor or survivors of those persons. 

(3) Nothing herein contained shall affect any claim which the repiiesent- 
ative of the deceased person may have against the survivor or survivors in 
respect of the seounty jointly payable to him or them and the deceased. 

(3) This section shall apply whether the death of the person to whom the 
security was jcnntly payable occurred or occurs before or after this Act comes 
into force. 

6. Notwithstanding anythingin section 15 of the Negotiable Instruments 

Act, 1881/ the holder of the Government security shall not be said to in- xXYIof 
dorse the security, or be called the indorser thereof, if, when he signs the ^^^ 
same for the purpose of negotiation, he inscribes his signature for that purpose 
elsewhere than on the back of the security itself. 

7. {1) In the case of any public office to which the Governor General in 
Council may, from time to time,' by notification in the Gazette of fndia, ' 

^ Printed* General Acts, Vol. II, Ed. 189^ p. 816. 

* Printed, General Acts, Vol. Ill, Ed. 1898, p. 899, 

' The Becdon has heen. declared applicaUe to the ofBoes of — 

(i) Manageit of State Bailwaya, M0 Gazette of Ind2a» 1886» PU I, p. 846. 

l2) Commanding Offioers of Begl- 

menia , • • • 

{8) Chairman, Town Coondl, 

Bomhay, and Municipal Com* 

miasioner, Bombay 

(4) Chairman, Harbour Tmat 

Board, Madras 

(5) Registrar of any Presidenpy 

Small Canse Court . • 
{6) Assistant Commismoners of 

Salt and Abkari Berenne, 

Madras . • . • 
(7) Consulting Arehiteot to Gov^ 

emment, Madras • 



Dittos 


1886, Pti I, p. 882. 


IHtto^ 


1886, Ptl,p.4tt. 


IXttG^ 


1887, Pt. I, p. 186. 


Ditto, 


1889, PL I, p. 846. 


Ditto, 


1890^ Pt I, p. 61& 


Dittos 


1891, Pt I, p. 466. 



1886 : Act XIIL] Seeuritiet. 115 

fSeei. 8'IO.J 

declare this sub-section to apply^ a Goyernment security may be made or in- holders for 
dorsed payable to or to the order of the holder for the time being of the office ^Q^f 
by the name of the office. public offieM. 

{2) When a Government secarity is made or indorsed as aforesaid^ it shall 
be deemed to be transferred without any or farther indorsement from each 
holder for the time being of the office to the succeeding holder for the time 
being of the office on and from the date on which the latter takes charge of 
the office. 

(3) When the holder for the time being of the office indorses to a third 
party a Government security made or indorsed as aforesaid^ be shall sabscribe 
the indorsement with his name and the name of the office. 

(4) A writing on a Government secarity now or heretofore standing in the 
name of the holder of a public office, whereby the secarity has been or was 
made or indorsed payable to or to the order of the holder of the office for the 
time being shall not be deemed to be or to have been invalid by reason only 
of the payee or indorsee being the holder for the time being of a public office 
by the name of the office. 

(6) This section applies as well to an office of which there are two or more 
joint holders as to an office of which there is a single holder. 

8« (i) Whenever the Governor General in Council has issued^ in respect Tr nsfer and 
of any loan^ a certificate declaring the bearer thereof to be entitled to the por- c^tifl^^^ 
tion of the loan therein expressed, or a coupon for any amount payable as *°^ ® nponi, 
interest on any portion of the loan, the title to the certificate or coupon may 
be transferred as if the certificate or coupon were a promissory note payable to 
bearer. 

{2) On payment, by or on behalf of the Government, to the bearer of the 
certificate or coupon, of the amount expressed therein, at or after the date on 
which it becomes due, the Government shall be discharged as if the certificate 
or coupon were a promissory note payable to bearer. 

9, A person shall not^ by reason only of his having indorsed a Govern- indoner of 
ment security, be liable to pay any money due, either as principal or as inter- ^JJ[rityaot 
est, thereunder, '^We fop 

' amoant 

_ thereof. 

10* (i) T!he signature of the officer of the Government of India authorized impresaon 
to sign Government securities on behalf of the Government may be printed, ^^^J^ 
engraved or lithographed, or impressed by such other mechanical process as ^^^^ seoari- 
the Governor General in Council may direct, on the securities. 

{8) A signature so printed, engraved, lithographed or otherwise impressed 
shall be as valid as if it had been inscribed in the proper handwriting of the 
officer. 



116 



Inne of re- 
newed seonxl* 
tlei. 



iMmeof 
dapUeate 

lecnntiet 



Period after 
which the 
€h)yeminent 
U released 
from UabUity 
in reflpect of 
original 
•eoority. 



Power of 
€h)yemor 
General in 
Council to 
make mlee. 



Securities. 
(Sees. 1U14.) 



[1886 : Act XIH. 



11« A person claiming to be entitled to a Oovernment secarity as payable 
to him under an indorsement maji on satisfying the prescribed officer of tbe 
justice of bis claim and paying the prescribed fee and delivering the security 
duly receipted to the prescribed officer, obtain from the officer a renewed 
security issaed payable to himself. 

12. (i) When a Government security is alleged to have been wholly or 
partly lost or destroyed, and a person claims to be the person to whom but for 
tue loss or destruction it would be payable^ he may, on application to the 
prescribed officer, and on producing proof to his satisfaction of the loss or 
destruction and of the justice of the claim, obtain from him an order for— 

(a) the payment of interest in respect of the security said to be lost or 

destroyed pending the issue of a duplicate security ; and 
(9) the issue of a duplicate security payable to the applicant, 
(d) An order shall not be passed under sub-section (i) until after the issue 
of the prescribed notification of the loss or destruction and after the expiration 
of the prescribed period, nor until the applicant has given the prescribed 
indemnity against the claims of all persons deriving title under the security 
lost or destroyed. 

(3) A list of flie securities in respect of which an order is passed under 
sub-section {1) shall be published in the Gazette of India at such times as the 
Governor General in Council may, from time to time, direct. 

13. When a renewed security has been issued under section 11, or a dupli- 
cate security has been issued under section 12, the Government shall be dis- 
charged from all liability in respect of the original security of which the 
renewed or duplicate security has been issued-* 

[a) in the case of a renewed security, after the lapse of six years from the 
date of the issue of the renewed security ; 

(i) in the case of a duplicate security, after the lapse of six years from 
the date of the publication under section 12, sub-section (^j, of 
the list in which the security is first mentioned, or from the date 
of the last payment of interest on the original security, whichever 
date is the later. 

14. The Governor General in Council may, from time to time, make rules ^ 
to prescribe— 

(a) the mode in which payment of interest in respect of Government 
securities is to be recorded and acknowledged ; 



1 For mles made under this ieetion, «•« Gaieite of India, 188$, Pt. I, p. ^ an4 ihid, 1806, 



1886 : Act XIII.] Seeurkies. 1 1 1 

(Sec. IB.J 

(b) the drotungtanoeB in which Oovernment securities must be renewed 

before farther payment of interest thereon can be claimed ; 
(e) the fees to be paid in respect of applications under sections 11 and 

(i) the form in which securities delivered for renewal are to be re- 

■ ceipted; 
{e) the officer who is to exercise all or any of the powers and perform all 
or any of the duties prescribed by sections 11 and 12; 
(/) the proof which is to be produced by persons applying for duplicate 
securities ; 
(p) the form and mode of publication of the notification mentioned in 
section 12^ and the period after which interest may be paid or a 
duplicate security may be issued under that section ; 
{h) the nature and amount of the indemnity to be given by a person 
applying under section 12 for the payment of interest or the 
issue of a duplicate security ; and^ 
(t) generally, all matters connected with the grant of renewed and dup- 
licate securities. 
16, (i) The Governor General in Council shall^ before making rales under PuUication 
section 14, publish a draft of the proposed rules in such manner as may, in jji^jf**" *"^ 
his opinion, be sufiScient for the information of the public. 

(S) There shall be published with the draft a notice specifying a date at 
or after which the draft will be taken into consideration. 

(5) The Governor General in Council shall receive and consider any 
objection or suggestion which may be made by any person with respect to the 
draft before the date so specified. 

{4) Every rule made under section 14 shall be published in the Gazette of 
India^ and the publication in that Gaisette of a rule purporting to be made 
under that section shall be conclusive proof that it has been duly made. 



118 



Lu*atie Aiylumi. 
(See. 1.J 



[1886: ActZVin. 



Kew section 
inserted after 
leotion 6. 
Detention of 
■apposed 
Innatios 
under obser- 
vation. 



ACT No. XVIII OF 1886.1 

[ am September, 1886.] 
An Act to amend Act XXXVI of 1858. 

Whbbbas it is expedient to amend Act XXXVI of 1858 (an Jet relating 
to Lunatic Asylums) ; It is hereby enacted as follows : — 

!• After section 6 the following shall be inserted, namely : — 

'' 6A. (1) Where a person found wandering at large who is deemed to be a 
lunatici or where a person believed to be dangerous by reason of lunacy, is 
i^prehended and sent to the Magistrate or the Commissioner of Police, or where, 
on report or information that a person deemed to be a lunatic is not under pro- 
per care and control or is cruelly treated or neglected, the Magistrate or the 
Commissioner of Police sends for him and then determines to proceed as pre- 
scribed in section 4 of this Act, the Magistrate or the Commissioner of Police, 
on the request of the medical officer, niay, by order in writing, authorize the 
detention of the supposed lunatic for such time, not exceeding ten days, as, in 
the opinion of the Magistrate or the Commissioner of Police, |may be necessary 
to enable the medical officer to form an opinion on the question whether or 
not the supposed lunatic is a person with respect to whom a certificate in the 
form A in the schedule to this Act ought to be signed. 

*' {3) If the medical officer certifies further detention than has been author- 
ized under sub-section (i) to be necessary to enable him to form his opinion 
on that question, the Magistrate or the Commissioner of Police may from time 
to time, by order in writing, authorize such further detention as he deems to 
be necessary : 

^ Short title, " The Indian Lunatio Asylums Act (1868) Amendment Act, 1886/' m» the 
Indian Short Titles Act, 1897 (XIY of 1897). printed. General Acts, Vol. YI. 

For Statement of Objecti and Beaaona, see Qasette of India, 1886, Pt. Y, p. 867 ; for Report 
of the Select Committee, see %hid, 1886, Pt. lY, p. 280 ; for Proceedings in Conndl, see ibid, 1886, 
Supplement, pp. 7 and 1386. 

The Act is in force in Upper Borma (except the Shan States) as being part of the original 
Act, XXXYI of 1868, deckred in force there by the Barma Laws Act, 1898 (XIII of 1898), see i. 
4 and the First Schedule. 

The Act had been previously extended there by notification under s. 6 of the Scheduled Dis- 
tricts Act» 1874, see Burma Gazette, 1888, Pt. I, p. 862, and (Gazette of India, 1888, Pt. I, p. 871. 

It has been declared in force in the Sauthdl Parganas by notification under s. 8 of the San- 
thil Parganas Settlement Begulation (III of 1872) as amended by the Santh&l Parganas Laws 
Begulntion, 1886 (III of 1886), printed, Bengal ()ode, VoL I, Ed. 1889, p. 697» see Calcutta 
Gazette, 1896, Pt. I, p. 610. 

As being part of Act XXXYI of 1858, it has been declared in force in the Angul District 
by the Angul District Begulation, 1894 (I of 1894), s. 8; in British Baluchistan by the British 
Baluchistan Laws Begulation, 1890 (I of 1890), printed, Balachistan Code, £d. 1890, p. 69, 
and as being part of tibat Act it has been declared in force, by notification under s. 8 (a) of the 
Scheduled IXstricts Act, 1874 (XIV of 1874), in the G^ro Hills, the Ehisi and Jaintid Hills, 
the Nigi Hills, the North C^har Hills in the Oushar District and the Eastern Dvirs in the Goil- 
p^ra District, eee Gazette of India, 1897, Pt I, p. 299 ; in the Scheduled Districts in Ganjam and 
Vizagnpatam, see Gazette of India, 1898, Pt. 1, p. 869, and it has been similarly extended, by noti- 
fication under s. 6, to the Scheduled District of Coorg, tee Gkuwtte of India» 1887, Pt. I, p. 144. 



1886 : Act XVIII.] I^unaUe AsyluM. (Sees. 2^.) 119 

1887 : Act II.] 8ea Custom. (See. 1.) 

*^ Provided that a sapposed lunatic shalf not be detained for the purpose of 

this section for a longer time than fourteen days from the date on which the 

first order authorizing his detention for that purpose is made. 

'^ {3) The Executive Oovernment may from time to time make rules as to 

the place of detention, and the care and trea ment, of supposed lunatics 

detained under this section. '' 

3. To section 9 the words '^ subject to the provisions of any enactment Amendment 

for the time being in force ^' shall be prefixed. ^' 

3. After section 17 the following shall be inserted^ namely * ^ ^^ i^^ NewBecMons 

to f ollow 
leotion 17. 

" 17B. The Governor General in Council may from time to time, by Uieofpro- 

order^ direct, with respect to any part of British India which is not annexed j^^^ as 

to a presidency or, being annexed to the presidency of Fort William, Port St. i«eddenoy 

George or Bombay, is situated at a greater distance than three hundred miles pnrposef of 

from Calcutta, Madras or Bombay, respectively, that any lunatic asylum in ^ * 
British India named in the order shall be deemed for that part to be a lunatic 
asylum at the presidency for the purposes of this Act/' 



ACT No, II OF 1887.» 

I14tk January, 1867:] 

An Aot to amend the Sea Oastoms Aoti 1878, • • • «.' 

yillof 1878. Whbrsas it is expedient to amend the Sea Customs Act, 1878| ^ * ^ j^ 

It is hereby enacted as follows :-* 

Sea Customt Aet^ 1878.^ 

!• (1) In clause {b) of the second paragraph of section 144 of the Sea Amendment 
VIII of 1878. Customs Act, 1878,* there shall be inserted after the word " unless ^^ the $4^ *°" 



word *' either ^' and after the word '* destination " the following, namely :— 
'^ or the delivery of the spirit into a warehouse appointed in this behalf by 
the Local Government having authority at that port/' 



^ Tbat part of 8. 8 wMch related to the addition of i. 17A was repealed by the Repealing 
and Amending Act, 1891 (XII of 1891), a revised section having been enacted by 8» 1 of the 
Indian Lunatic Asylums Act (1868) Amendment Act, 1889 (XX of 1889), printed, ii^fra, p. 856. 

9 Short idtle/* The Sea Castoms Act (1878) Amendment Act, 1887,'' m« the Indian Short 
Titles Act, 1897 (XIV of 1897), printed. General Acts, Vol, VI. 

For Statement of Objects and Reasons, see Gazette of India, 1887, Extraordinary, dated 10th 
January, 1887, p. 1 i for Proceedings in Council, tee iUd, Pt. YI, pp. 4 and 10. 

This Act, so far as it amends the Sea Castoms Act, 1878 (VIII of 1878), is in force in Upper 
Burma (except the Shan States) as being part of the original Act declared in force there by the 
Burma Laws Act, 1898 (XIII of 1898), see s. 4 and the First Schedule. 

' The words ** The Excise Act, 1881, and the Indian Tariif Act, 1882,'' in the title and preamble 
have been omitted, as so much of this Act as relates to the Excise Aot» 1881, was repealed by 
the Excise Act, 1896 (XII of 1896) ; and theTarifE Act, 1882 (XI of 1882), wai repealed by the 
Tariff Act, 1894 (VIII of 1894). 

« Printed, General Acts, Vol. Ill, Ed, 1898, p. 108. 



no 



Amendment 
of section 
146. 

Amendment 
of section 
US. 



Amendment 
of section 
151. 



Sea Customs^ 
CSeet. 2-4 J 



[1887: A6tIL 



(8) Iq the third paragraph of t%e same section of the same Act the fol- 
lowinij^ shall be substituted for the word " paid '', namely :— 
" so paid or the spirit so delivered/' 

3. In section 1 46 of the same Act> for the word '' shall ", in each of the 
two places where that word occurs, the word *' may '* shall be substituted. 

3* (i) To section 148 of the same Act the following words shall be pre- 
fiied| namely : — 

" Notwithstanding anything in the Indian Tariff Act, 1882,^'\ 

(2) To the same section of the same Aot the following shall be added, 
namely : — 

'^ Provided that the .Local Government may authorize the import of snoh 
spirit without the payment of that duty at the port of importation when the 
spirit is to be deliverd into a warehouse appointed by the Local QoYernment in 
this behalf, and the excise-duty thereon is to be paid on the removal of the 
spirit from a warehouse so appointed. 

4. (i) To section 151 of the same Act the following words shall be pre- 
fixed, namely :— 

^' Notwithstanding anything in the Indian TarifE Act, ] 882,i". 

(2) After the same section of the same Act the following shall be added, 
namely : — 

*' Provided that the Local Government may authorize the import of such 
spirit without the payment of the differential duty at tiie port of importation 
when the spirit is to be delivered into a warehouse appointed by the Local 
Government in this behalf, and the differential duty is to be paid on the 
removal of the spirit from a warehouse so appointed.'^ 

6 ft 6. [Amending Excise Act, 18SL] Rep. hg the JExeise Act, 1896 {XII 

7. [Repeal of portion of preamble, Ac^. XI of 1882.'] Rep. hy the Repeal^ 
ing and Amending Act, 1691 (XII of 1891). 

8. [Addition tos.7, Act Xd of 1882.] Rep. Jy ike Tariff Act, 1694 {Fill 
oflb94). 

9. [Amendment of second schedule, Act XI of 1882.] Rep. by the Repeal' 
ing and Amending Act, 1891 {XJlof 1691). 



XI of 188S. 



XI of 1882. 



» Se0 now the Tariff Ac<^ 1894 (VIII of 1894), priuted, Generid Acts, Vol. VI. 



-1887 : Act HI-] Evidence. 1^1 

(See. h) 

ACT No. Ill OF 1887,1 

[Ua January, 1887.'] 

An Act to amend the Indian Evidence Act, 1872. 

Whbebab it is expedient that Uevenae^offioers should not be compelled 
to say wheoee they obtaiQ iuformation with respect to offences against the 
public revenue ; It is hereby enacted as follows : — 

1. The following section shall be substituted for section 123 of the Indian Kew seoHon 
I of 187S. Evidence Act, 1878,* namely :— 5^^ ^^^^^ 

125 of the 

*' 1*5. No Magistrate or Police-officer shall bo compelled to say whence fnfor^tltif' 
be got any information as to the commission of any offence, and no Revenue- ".^.^" ^ 
officer shall be compelled to say whence he got any information as to the offenoet, 
commission of any offence against the public revenue. 

Explanation. — ^ Revenue-officer ^ in this section means any officer employed 
in or about the business of any branch of the public revenue." 

^ Short title/' The Indian Byidenoe Act (1872) Ameridmenb Act, 1887/' mbb the In^aii Short 
Rtle« Act, 1897 (XIV ^d lb97), primed. General Acts, Vol. VI. 



1874 



Parganai 



SettlemeDt Regukitlon (III of i872) hb amended by the Saiith&l Fargitnat Laws Kegolation, 1886 
(111 of 1886), printed, Bengal Code, Vol. 1, Ed. 1889, p. 697, xea Calcutta Gazette, 1896, Ft. 1, p. 

As being pnrt of Act I of 1872, it wax declared in force in, British Bnlochistan by the Biilish 
^x.^JZ^x^^m^ HMruUtioii. 18^0 a of 189U\ orintfld. Balnchisian Code. Ed. 1890. d. 69: 



lit 



Companie*. 
(8«e, 1.) 



[1887: AotVL 



Insertion of 
new seotion 
•Iter section 
200. 

Priority of 
debts. 



ACT No. VI OP 1887.* 

\llth February, 1887. '\ 

An Act to amend the Indian Companies Act, 1882.* 

Wheebab it is expedient to amend the Indian Companies Aet^ 1882^' in ^^ of 1882 
manner hereinafter appearing ; It is hereby enacted as follov^s :— • 

1. After seotion 200 of the Indian Companies Aot^ 1882/ the following VI of 1882. 
Eoction shall be inserted, namely :-^ 

** 200 A. (i) In the distribution of the assets of any company being 
wound up under this Act^ there shall be paid in priority to all other 
debts — 

'* (a) all revenue, taxes, oesses and rates, whether payable to Her 
Majesty or to a local authority, due from the company at the 
date of the commencement of the winding-up, and having be- 
come due and payable within the twelve months next before that 
date; 
*^ (i) all wages or salary of any clerk or servant in respecfc of services 
rendered to the company within the two months next before the 
commencement of the winding-np, not exceeding one thousand 
rupees for each clerk or servant ; and 
'^ (e) all wages of any labourer or workman, not exceeding five hundred 
rupees for each, whether payable for time or piece-work, in re- 
spect of services rendered to the company within the two months 
next before the commencement of the winding-up. 
'^ (9) The foregoing debts shall rank equally among themselves, and shall 
be paid in full, unless the assets of the company are insufficient to meet them, 
ill which case they shall abate in equal proportions among themselves. 

** (3) Subject to the retention of such sums as may be necessary for the 
cost of administration or otherwise, the liquidator or official liquidator shall 
discharge the foregoing debts forthwith, so far as the assets of the company 

^ Short title, ** The Indian Companies Act (1882) Amendment Act, 1887/' #«« the Indian 
Short Titles Act, 1897 (XIV of 1897), printed. General Acts, Yol. YJ. 

For Statement of Objects and Reasons, Me Gazette of India, 1886, Pt. V, p. 69o ; for Report 
of the Select Committee, 9ee ibid, 1887, Pt. IV, p. 14 ; for Proceedings in Council, see ibid, 1886, 
Supplement, pp. 1010 and 1020, and ibid, 1887, Pt. VI, p. 19. 

This Act is in force in Upper Burma (except the Shnn Statee) as being part of the original 
Act, VI of 1882, declared in force there by s. 4 and the First Schedule to the Burma Laws Ad^ 
1898 (XIII of 1898). 

Aot VI of 1887 had been previously extended there, under s. 5 of the Scheduled Districts Act, 
1874 (XIV of 1874), eee Burma Gazette, 1888, Pt. I, p. 862, and Gazette of India, 1888, Pt I, 

p. 871. 

Asbeingpariof Act VIof 1882,it has been extended, by notification under s. 5 of the 

flfi>>ffl,iifld mrtriots Aot, 1874 (XIV of 1874), to British Balnchistan, eee Gktfette of India, 1895, 

Ft II, p. 9. 

s Printed, OenenJ Aeti^ Vol. IV, Bd. 1808, p. 100. 



1887 : Act Til.] Suits Falualion. 12S 

(See. L Part L-^Suits relating to Laud. Beee. 2^4.) 

are and will be eafficient to meet them, as and when the aaeets come into the 
hands of the liquidator or official liquidator/' 



ACT No. VII OP 1887.1 

[im February, 1887.] 

An Act to prescribe the mode of valuing certain suits for the 
purpose of determining the jurisdiction of Courts with respect 
thereto. 

Whbbbas it is expedient to prescribe the mode of valuing certain suits 
for the purpose of determining the jurisdiction of Courts with respect thereto; 
It is hereby enacted as follows :^— 

1. This Act may be called the Suits Valuation Act^ 1887. tuie. 



PART I. 
Suits bblatino to Land. 

2. This Part shall extend to such local areas^ and coum into force therein KzteDt and 

on such dates^ as the Governor General in Council, by notification in the men?^^^* 

Gazette of Indi% directs.' ^^^ l* 

8« (i) The Local Government may^ with the previous sanction of the Power for 

Gbvemor General in Council, make rules for determining the value of land ^^ent^to 

VII of 187a for purposes of jurisdiction in the suits mentioned in the Court^fees Act, 1870,' m^i^o rales 

section 7, paragraphs v and vi, and paragraph x, clause {d). ytane'of land 

(2) The rules may determine the value of any class of land, or of any in- aJnai^pw-* 

terest in land, in the whole or any part of a local area, and may prescribe P<^"^* 
different values for different places within the same local area. 

4* Where a suit mentioned in the Court^ees Act, 1870,' section 7, para- Vaination of 
graph iv, or Schedule II, article 17, relates to land or an interest in land of "^^-^ t^ 

which the value has been determined by rules under the last foresroinfir section. velAting to 

1 ° ^ f land not to 

^ For Statement of Objects and Beasona, iee Gazette of India> l$S6, Pt. T , p. 791 ; for Report 
of the Select Committee, ue ibid, 1887, Ft. IV, p. 18 ; and for Procaediogi in Conneil^ §$e ibid, 
1886, Supplement, pp. 1131 and 1166, and ibid, 1887, Pt. VI, pp. 16 and 21. 

This Act has been declared in force in Upper Burma (except the Sban States) by tbe 
Burma Laws Act, 1898 (XIII of 1898), tee s. 4 and the First Schedule. 

It had peviously been extended there, by notification under s. 6 of the Scheduled Districts 
Act, 1874 (XIV of 1874), printed, General Acts, Vol. II, Ed. 1898, p. 477, eee Burma Gazette 
1888, Ft. I, p. 362, and Gazette of India, 1888, Pt. I, p. 871. ' 

It has been declared in force in British Baluchistan bj the British Balnohistan Laws Beffula- 
tion, 1890 (I of 1880), printed, Baluchistan Code, Bd. 1890, p. 69. 

' Part I of the Act has, under s« 2, been declared to extend to the Pdnjab, and to oome into 
fcfree therein oH the 1st day of Haroh, 1889, wee Gazette of India, 1889, Pt. I, p. 107. 

s Printed, General Acts, Vol. II, Ed. 1888, p. 124. 



1 



exceed the 
value of the 
land. 



Mr king and 
enforcement 
of rules. 



Repeal of 
section 14 
of the Madras 
Civil Courts 
Aot» 1878. 



iBztent and 
commence- 
ment of Part 
II. 

Court-fee 
value and 
jurisdictional 
\a1ue to be 
the same in 
oertaia suits. 



Determina- 
tion of value 
of oertain 
sidtsby High 
Court. 



124 Suits Faluaiion. [1887 : Act VII. 

fPari I.'-^SuUs relating to land. Sees. 5-ff. Part IL^^Other SuUs. 

Sees. 7-9,) 

the amount at whioh for ])arposefl of jurisdiction the relief sought in the suit 
is valued shall not exceed the value of the land or interest as determined by 
those rules. 

6. (i) The Local Government shall^ before making rules xmder section 8^ 
consult the High Court with respect thereto. 

(J9) a rule under that section shall not take effect till the expiration of one 
month after the rule has been published in the local official Ghizette. 

6. On and from the date on which rules under section 8 take effect in any 
part of the territories under the administration of the O^overnor of Fort Saint 
George in Council to which the Madias Civil Courts Act, 1878>^ extends, m ^ ^^^^ 
section 14 of that Act shall be repealed as regards that part of those terri- 
tories, 

PART II. 

Other Suits. 

7t This Part extends to the whole of British India, nnd shall come into 
force on the first day of July, 1887. 

8. Where in suits other than those referred to in the Court-fees Aot, 1870,' 
section 7, paragraphs v, vi and ix, and paragraph x, clause (j), court-fees are 
payable ai valorem under the Court-fees Act, 1870,' the value as determinable 
for the computation of court-fees and the value for purposes of jurisdiction 
shall be the same. 

9. When the subject-matter of suits of any class, other than suits men- 
tioned in the Court-fees Act, 1870,' section 7, paragraphs v and vi, and para- 
graph X, clause {d), is such that in the opinion of the High Court it does not 
admit of being satisfactorily valued, the High Court may, with the previoos 
sanction of the Local Government, direct that suits of that class shall, for 

the purposes of the Court-fees Act, 1870,' and of this Act and any other enact- yn ^ |g^ 
ment for the time being in force, be treated as if their subject-matter were of 
such value as the High Court thinks fit to specify in this behalf.' 

10. [Bepealofs.3a, Punjab Courts Act, 1884 {XFIII cf 1884).] Sep. 
by tie Repealing and Amending Act, 1891 (III of 1891). 

^ Priniedf KHdns Code, Ed. 1888, p. 160. 

s Printed, General Aote, VoL II, Ed. 1898, p. 124. 

* For nilee m to valoation of certain bUaset of soiti nnder this leciion in-^ 

(1) the Central Proyincei^ $ee Central Proiinoei Liit of Local Hnlee and Orders, Ed. 1896, 
p. 246; 

(2) Ondb, 99S North- Weetem ProTinoei and Ondh Lift of Local Bolee and Ordera, Ed* 
1894»p. 122. 



1887 : Aot VIL] Suiis Faluation. 125 

(Part IIL-^Supplemental Provinom, Seos. 1U12.) 

PART III. 

SUPPLBMBNTAL P&OVISIONS.' 

11, (1) Notwithgtanding anything in section 57 8 of the Code of Civil Prooednre 
X[V of 1882. Prooednre/ an objection that by reason of the over- valuation or under- tion it taken 

valuation of a suit or appeal a Court of first instance or lower appellate Court JJ^'*^JJ*^lJt 

which had not jurisdiction with respect to the suit or appeal exercised jurisdic- ^ *u^^ ^ *P' 

poftl WEI not 
tion with respect thereto shall not be entertained by an appellate Court properly 

nn\pmA valued for 

unless — jupiidictionia 

{a) the objection was taken in the Court of first instance at or before porpo*^*- 
the hearing at which issues were first framed aod recorded, or in 
the lower appellate Court in the memorand m of appeal to that 
Court, or 
if!) the appellate Court is satisfied, for reasons to be recorded by it in Writ- 
ing, that the suit or appeal was over- valued or under-valued, and 
that the over-valnation or under-valuation thereof has prejudicially 
affected the disposal of the suit or appeal on its merits. 
{2) If the objection was taken in the manner mentioned in clause (a) of 
sub-section (ij, but the appellate Court is not satisfied as to both the matters 
mentioned in clause (b) of that sub-section and has before it the materials 
neoessary for the determination of the other grounds of appeal to itself, it shall 
dispose of the appeal as if there had been no defect of jurisdiction in the 
Court of the first instance or lower appellate Court. 

(3) If the objection was taken in that matter and the appellate Court is 
satisfied as to both those matters and has not those materials before it, it shall 
proceed to deal with the appeal under the rules applicable to the Court with 
respect to the hearing of appeals ; but if it remands the suit or appeal, or 
frames and refers issues for trial, or requires additional evidence to be taken, 
it shall direct its order to a Court competent to entertain the suit or appeal. 

(4) The provisions of this section with respect to an appellate Court shall, 
BO far as they can be made applicable, apply to a Court exercising revisional 

117 of l8SBi jurisdiction under section 622 of the Code of Civil Procedure ^ or other enact- 
ment for the time being in force. 

(5) This section extends to the whole of British India, and shall oome into 
force on the first day of July, 1B87. 

12. Nothing in Fart I or Fart II shall be construed to affect the Proceedings 
jurisdiction of any Court— Mmi^nw^ 

(a) with respect to any suit instituted before rules under Part I ^*i^ 

1 Printed, Gcqeral Acts, Vol. IV, Ed. 189S, p. 262, ^^^^ ^'' 



or 



IM Pfovineial Small CaMte Courts. [1887 : Act IX. 

applicable to the yalaation of the suit tnke effect^ or Part II has come 
into force, as the case may be, or 
{b) with respect to any appeal arising out of any sneh suit. 



THE PBOVINOIAL SMALL CAUSE COURTS ACT, 1887. 



CONTENTS. 



CHAPTER L 

Freliicinabt. 

ssctioks. 

!• Title, extent and oommencement. 
2. Constmction. 
8. Savinp. 
4, Definition. 



CHAPTER II. 
Constitution of Courts of Smali Cafsbs. 

6. EBtablishmeDt of Courts of Small Causes. 

6. Jndge. 

7. Appointment of times of sitting in certain oircumstanoes. 

8. Additional Judge. 

9. Suspension and removal of Judges. 

I0« Power to require two Judges to sit as a bench. 

11. Decision in case heard by a bench. 

1^. Registrar. 

IS. Other ministerial officers. 

14. Duties of ministerial officers, 



*.*. 



CHAPTER III. 
JuBisDioTioN 01 Courts of Small Causbb, 

15. Cognizance of suits by Courts of Small Causes. 

16. Exclusive jurisdiction of Courts of Small Causes. 



1887 : Act JSO Provincial Small Cause Courts. 127 



CHAPTER IV. 

Pkaotiob and Pboobdurb. 

Sbciionb. 

17. Applieation of the Code of Gvil Prooedure. 

18. Trial of suits by Registrar. 

19. Admission^ return and rejection of plaints by Registrar. 

20. Passing of decrees by Registrar on confession. 

21. Execution of decrees by Registrar. 

22. Adjournment of cases by chief ministerial (^oer. 

28. Return of plaints in snits involving questions of title. 
' 24. Appeals from certain orders of Courts of Small Causes. 
26. Revision of decrees and orders of Courts of Small Caases. 

26. [Bepealed.] 

27. Finality of decrees and orders. 



CHAPTER V. 

SUPPLEMBNTAL PROVISIONS. 

28. Subordination of Courts of Small Causes. 

29. Seal. 

80. Abolition of Courts of Small Causes, 

81. Saving of power to appoint Judge of Court of Small Causes to 

other oflSoe. 

82. Application of Act to Courts invested with jurisdiction of Court of 

Small Causes. 
88. Application of Act and Code to Court so invested as to two Courts. 

84. Modification of Code as so applied. 

85. Continuance of proceedings of abolished Courts. 

86. Amendment of Indian Limitation Act. 

87. Publication of certain orders. 



THE FIRST SCHEDULE.— [i2q5(ffl/^.] 

THE SECOND SCHEDULE.— Suits noBPTBD prom thb oogkizanob 

OP A Court op Small Causbb. 



# 



128 Pravineial Small Cause Courts. [1887 ; iot IX» 

fChap. I.^^Prsliminary. Sees. 1-8.) 

ACT No. IX OF 1887.1 

[aHh February, 1887.] 

An Act to consolidate and amend the law relating to Courts of 
Small Causes established beyond the Presidency-towns. 

Whbrbas it is expedient to consolidate and amend the law relating to 

Courts of Small Canses established beyond the local limits for the time bein^ 

of the ordinary original civil jurisdiction of the High Conrts of Judicature at 

Fort William in Bengal and at Madras and Bombay ; It is hereby enacted as 

follows :— 

CHAPTER I. 

Preliminary. 

Title, exteafc 1, H) This Act may be called the Provincial Small Causes Courts Act. 

and com- to 

menocment. 1887. 

(S) It extends to the whole of British India ;^ and 
(3) It shall come into force on the first day of July^ 1887. 
2. (/) [Repeal of enactments.'] Rep. by the Repealing and Amending 
Act, 1891 {XIIo/lSOl). 
Construction. (3) * All Courts constituted^ limits fixed, places appointedj appointments^ 

declarations and rules made^ jurisdiction and powers conferred^ forms pre« 
scribed, directions given and notiBoations published under Act No, XI of 

^ For Sratomen^ of Objects ftnd Reasons, tee Gazette of India, 1886, Pt. V, p. 8 ; for Report 
of the Select Committee, see ibid, 1B87, Pr. IV, p. SB ; and for Froceeniugs in Council, «#« ibid, 
1886, Snpplt^nneiit, pp. 8 and 9, and ibid^ 1887, Pt. V I, p. 26. 

Act IX of 1887 was declared in force in British Baluchistan by the British Baluchistan 
Laws RegoUtton, 1890 (I of 1^90), s. 8, printed, Palnchistan Code, Kd. Ife90, p. 69. 

It has been decUrcd, under 8. 8 (a) of the Scheduled Districts Act, 1874 (XIV of 1874), 
printed, General Acts, Vol. II, to be in force in the I)isrrict« of HasMbigh, Loiiirdai^a and Mtfn- 
bhum, and Pargana Dhslbhum Rud the Eolhin in the District of Singbhum, »ee Cassette of India, 
18A7, Pt. I,p. 582. The District of Lohirdaga included at this time the District of Palamau, 
wlddh was separated in 1894. 

Tlie Act has bee<i declared in force in Upper Hurma (except the Shan States) by the Burma 
Laws Act, 1898 (Xlil of lb98), m0 s. 4 and the First Schedule. 

It hsd previously been extended, under s. 5 of Act XIV of 1S74, — 

(a) to the Town of Mandalsy, tee Gazette of India, 1S88, Pt, I, p. 88 ; and 
lb) to the whole of Upper Burma (except the Shan States), see Gaiette of India, 1897> 
Pt. I, p. 999. 

For power to confer upon a Subordinate Judge or Munsif in Bengal* the North- West- 
em Provinces and Assam, the jurisdiction of a CJourt of Smnll Causes under this Act, ms the 
Bengal, Korth- Western Provinces and Assam Civil Courts Act, 1887 (XII of 1887), s. 26. printed, 
Assam Code, Ed. 1SS7, p. 189. 

St. 15, 82, 87, 88, 39 and 40 of the Bengal, North- Western Provinces and Assam Civil Courts 
Act> 1887 (XII of 1887), apply to Courts of ^^mall Causes constituted under this Act, tee Act XII 
of 1887, s. 40, printed, Assam Code, Ed. lK97,p. 189. 

> As to definition of <' British India," #<•« Interpretation Act (62 & 68 Vict., c. 68), s. 18, 
d. 4, (Gazette of In^, 1889. Pt. I, p. 646, and the General (nauses Act, 1897 (X of 1897), 
■. 8 (7). printed. General Acts, Vol. VI. 

• The word "But"' wns repealed by the Repealing and Amending Aek, 1891 (XII of 1891), 
printed. General Acts, Vol VI, 






.1887 : Act IX.] Provincial Small Cause Courts. 129 

(Chap^L — Preliminary. Sees. 3^. Chap. Il.^Constituiion qf Courts of 

Small Causes. See. 5.) 

1865^ {an Act to consolidate and amend the law relating to Courts of Smalt 
Causes beyond the local limits of the ordinary original civil jurisdiction of 
the High Courts of Judicature) ^ or onder any enactmeut repealed by that 
Act^ shall^ 60 far as mny be^ be deemed to have been respectively oonstitutedj 
fixed| appointed, made^ conferred/ prescribed^ given and published under this 
Act. 

{3) Any enactment ot document referring to Act No. XI of 1866 ^ or to 
any enactment thereby repealed shall^ so far as may be^ be oonstmed to 
refer to this Act or to the corresponding portion thereof. 
8. Nothing in this Act shall \ye construed to affect — 
{a) any proceedings before or after decree in any suit instituted before Savings. 

the commencement of this Act ; or 
(6) the jurisdiction of a Magistrate nnder any law for the time being 
in force with respect to debts or other claims of a civil nature^ or 
of village-munsifs or village-panchdyats under the provisions 
of the Madras Code^ or of village-munsiFs under the Dekkhan 
Wllof Agriculturists' Relief Act, 1879 ;« or 

{p) any local law or any special law other than the Code of Civil Fro- 

XIV of 1882. cedure.* 

4. In this Act, unless there is something repugnant in the subject or Deanition. 
context, ^* Court of Small Causes '' means a Court of Small Causes constituted 
under this Act, and includes any person exercising jurisdiction under this Act 
in any such Court. 

CHAPTER II. 

Constitution of Coubts ov Shall Catjsbs. 

6. (i) The Local Government, with the previous sanction of the Governor Establishment 
General in Council, may, by order in writing, establish a Court of Small SmaTcaafes. 
Causes at any place within the territories under its administration beyond the 
local limits for the time being of the ordinary original civil jurisdiction of a High 
('ourt of Judicature established in a Presidency-town * 

1 Act XI of 1865 was repealed by •. 2 (1) of this Act. 

> Bee the revised edition published by the Legislative Departmenb as modified up to let 

^®°*?P^ted, General AcU, Vol. IV. Ed. 1898, p. 262. 

* For notifications constitnting Provindal SmaU Cause CouriB in— 

(a) Bombay Presidpnoy, «m Bombay List of Local Bales and Osiers, Vol. I, Ed. 1896* p. 488 ; 
(6) Banna, <ea Burma Bales Manual, Ed. 1897, p. 181 ; and Burma Gazette, 1898» Ft. I, 

p. 107; 
(c) Korth- Western Provinces, tee North- Western Provinces and OudhLifi of Local Boles 
and Orders, Ed. 189^ p. 128. 

VOL. V. ^ 



Juilgo 



Appcnntinent 
of ^mes of 
sitting in 
certain cir- 
camstances. 



Additional 
Jndge. 



Suspension 
and removal 
of Judges. 
Power to 
require two 
Judges to At 
as a bench. 



Dccbion in 
case heard by 
a bench. 



ISO Provineial Small Cause Courts. [1887 : Act IZ. 

fCkap. II. -^Constitution of Courts of Small Causes. Sees. 6'-lL) 

{3) The local limits of the jarisdiction of the Court of Small Causes shall 

be such as the Local Government may define^ and the Court maybe held at 

Buch place or places within those limits as the Local Government may appoint.^ 

6. (i) When a Court of Small Causes has been established^ the Looal 

Government sballi by order in writinsr^ appoint a Judge of the Court.' 

(3) The Judge may be the Judge of one Court of Small Causes or of two 
or more such Courts^ as the Local Government directs* 

7* (i) A Judge who \b the Judge of two or more such Courts may^ with 
the sanction of the District Courts fix the times at which he will sit in each of 
the Courts of which he is Judge. 

{2) Notice of the times shall be published in such manner as the High 
Court from time to time directs* 

8* (i) The Local Government, with the previous sanotion of the Gover- 
nor General in Council, i^^y, by order in writing, appoint an Additional Judge 
of a Court of Small Causes or of two or more such Courts* 

(2) The Additional Judge shall discharge such of the functions of the 
Judge of the Court or Courts as the Judge may assign to him, and in the 
discharge of those functions shall exercise the same powers as the Judge. 

{3) The Judge may withdraw from the Additional Judge any business 
pending before him. 

{4) When the Judge is absent, the Additional Judge may discharge all or 
any of the functions of the Judge* 

9* A Judge or Additional Judge of a Court of Small Causes may be 
suspended or removed from office by the Local Government* 

10* The Local Government, after consultation with the High Court, may, 
by order in writing, direct that two Judges of Courts of Small Causes or a 
Judge and an Additional Judge of a Court of Small Causes, shall sit together 
for tbe trial of such class or classes of suits or applications cognizable by a 
Court of Small Causes as may be described in the order. 

11. (i) If two Judges, or a Judge and an Additional Judge, sitting 
together under the last foregoiog section, differ as to a question of law or 
usage having the force of law, or in construing a document the construction 

1 For noi&flcations issued under d. (^ of s. 6 for Courts in — 

la) Bombay Presidency^ «m Bombay List of Local Bules and Orders, VoL I. Ed. 189& miL 
4^ and 492; *^^ 

(h) Burma, #se Burma Bules Manual, Ed. 1807, p. 181 s 

Ic) Cental Provinces, tee Central Provinces List of Local Bules and Orders. Ed. 1896. dd 
24fir and 248 ; *^^ 

(d) North- Western Provinces and Oudh, #00 North-Western Provinces and Oudh Lift of 
Local Bules and Orders, Ed. 1894, pp. 122 and 123. 
* For instenca of a notification i«ued under tlids section, ««« Burma Bulea Manual, Ed* 1897, 
p. 181. 



1887 : Act IX.] Provineial Small Cause Courts. 181 

CC^ap. IL—Constitutisn of Courts of Small Causes. Sees. 12-14.) 

of which may affect the merits, thej shall draw up and refer, for thd decision 
of the High Coari, a statement of the facts of the case and of the point on 
which they differ in opinion, and the provisions of Chapter XLVI of the 
XIV of 1882. Code of Civil Procedure ^ shall apply to the reference. 

{2) If they differ on any matter other than a matter specifipd in suh-sec- 
tion (i), the opinion of the Judge who is senior in respect of date of appoint- 
ment as Judge of a Court of Small Causes, or, if one of them is an additional 
Jud^e, then the opinion of the Judge sitting with him, shall prevail. 

(3) For the purposes of sub-section (j&), a Judge permanently appointed 
shall be deemed to be senior to an ofiiciating Judge. 

12. (I) The Local Government may appoint to a Court of Small Causes Begisinr. 
an officer to be called the Registrar of the Court.' 

{2) Where a Registrar is appointed, he shall be the chief ministerial officer 
of the Court. 

[3) The Local Government may^ by order in writing, confer upon a 
Begistrari within the local limits of the jurisdiction of the Court, the jurisdic- 
tion of a Judge of a Court of Small Causes for the trial of suits of whioh the 
value does not exceed twenty rupees. 

{4) The Registrar shall try such suits cognizable by him as the Judge 
may, by general or special order, direct. 

(5) A Registrar may be suspended or removed from office by the Local 
Government. 

13* Subject to any enactment for the time being in Force and to any otber minli- 
orders made by the Local Government in this behalf, the law or practice for **™^ oflBcei*. 
the time being applicable to the appointmenti punishment and transfer of 
ministerial officers of a Civil Court of the lowest grade competent to try an 
original suit of the value of five thousand rupees in that portion of the 
territories administered by the Local Government in which a Court of Small 
Causes is established shall, so far as it can be made applicable, apply to the 
appointment, punishment and transfer of ministerial officers of the Court of 
Small Causes other than the Registrar, if any, of that Court. 

14. (1) The ministerial officers of a Court of Small Causes shall, in .^ . . | 
addition to any duties mentioned iu this Act, or in any other enactment for ministerial 
the time being in force, as duties which are or may be imposed on any of ^ ^'^'^ 
them, discharge such duties of a ministerial nature as the Judge directs. 

(i?) The High Court may make rules consistent with this Act, and with 



^ Printed, Gmeral Aets, Yol lY, Ed. 1898, p. 262. 

* For instance of a notification issued nnder tins section, $ee Bombay List of Local Bales and 
Orders, Vol. I, Ed. 1896, p. 498. 

k2 



132 Provincial Small Cause Courts. [1887 : Act IK. 

(CJtap.III, — Jurisdiclion of Courts of Small Canses, Sees. 15'16. Chap, 

IF. — Praciiee and Procedure, Sec. 17. J 

Any other enactmeut for the time being in force, conferring and imposing 
on the ministerial officers ^ of a Conrt of Small Causes such powers and 
duties as it thinks fit^ and regulating the mode in which powers and duties 
BO conferred and imposed are to be exercised and performed. 



CHAPTER III. 

Jurisdiction ov Couets ov Small Causes. 

Cognizance 15. {1) A Court of Small Causes sball not take cognizance of the suits 

^^nf^f^ specified in the second schedule as suits excepted from the cognizance of a 
SmaU Cauief. Court of Small Causes. 

{8) Subject to the exceptions specified in that schedule and to the provisions 

of any enactment for the time being in force^ all suits of a civil nature of which 

^he value does not exceed five hundred rupees shall be cognizable by a Court 

of Small Causes. 

(3) Subject as aforesaid^ the Local Government may^ by order in writings 

direct that all suits of a civil nature of which the value does not exceed one 

thousand rupees shall be cognizable by a Court of Small Causes mentioned 

in the order.* 
Szolasive 16* Save as expressly provided by this Act or by any other enactment 

??c^^**"f ^^^ ^^® *^°^® being in force, a suit cognizable by a Court of Small Causes 
Small Causep. shall not be tried by any other Court having jurisdiction within the local 

limits of the jurisdiction of the Court of Small Causes by which the suit 

is triable. 



CHAPTER IV. 

Pbacticb and Pbocbdurb. 

Application 17, (i) The procedure prescribed in the chapters and sections of the Code 

of CivUPro- of Civil Procedure' specified in the second schedule to that Code,*** shall^ so~ xiVof 1882» 

•ednre. f^^ ^^ those chapters and sections are applicable, be the procedure followed 

in a Court of Small Causes in all suits cognizable by it and in all proceedings 

arising out of such suits : 

^ For instance of a notification issned nnder this power, gee Bombay List of Local Boles and 
Ordera, Vol. X, Ed. 1896, p. 498. 

' l^or notifications issned nnder this power in— 

(a) Bombay, see Bombay List of Local Bnles and Orders, Vol. I, Ed. 1896, p . 493 ; 
\h) Burma, see Bnrma Bnles Mannal, Ed. 1897, p* 181 ; this notification issned originally 
nnder Act XI of 1866 and was kept in force by Sx 8 (9) of this Act. 
« Printed, General AcU, Vol. IV, Ed. 1898, p. 262. 

* The words " as amended by this Act " were repealed by the Repealing and Amending Act. 
1891 (XII cf 1801), printed, Qcncral Acts, Vol. VL 



1887: Act IX.] Proviueial Small Cause CourU. 18S 

(Chap. IF.-- Practice and Procedure. Sees. 18-20 J 

Provided that an applicant for an order to set aside a decree passed ea 
parte or for a review of judgment shall, at the time of presenting his appli- 
cation, either deposit in the Court the amonnt due from him under the decree 
t>r in porsnance of the jndgmenti or give seonrity to the satisfaction of the 
Court for the performance of the decree or compliance with the judgment, as 
the Court may direct, 

{2) Where a person has become liable as surety under the proviso to 
sub-section (i), the security may be realized in manner provided by section 
253 of the Code of Civil Procedure.^ 

18. {1) Suits cognizable by the Registrar under section 1£, sub-sections Trial of 
[3) and {4), shall be tried by him and decrees passed therein shall be executed ^!4,^. 
by him. in like manner in all respects as the Judge might try the suits, and 
execute the decrees, respectively. 

{2) The Judge may transfer to his own file, or to that of the Additional 
Judge if an Additional Judge has been appointed, any suit or other pro* 
ceeding pending on the file of the Registrar. 

10. {1) When the Judge of a Court of Small Causes is absent, and an AdmurioBf 
Additional Judge has not been appointed or, having been appointed, is also rejec^n of 
absent, the Registrar may admit a plaint, or return or reject a plaint for any ]^^^^^ 
reason for which the Judge might return or reject it. 

(S) The Judge may, of his own motion or on the application of a party, 
return or reject a plaint which has been admitted by the Registrar, or admit 
a plaint which has been returned or rejected by him : 

Provided that where a party applies for the return or rejection or the 
admission of a plaint under this sub-section, and his application is not made 
at the first sitting of the Judge after the day on which the Registrar admitted, 
or returned or rejected, the plaint, the Judge shall dismiss the application 
unless the applicant Batisfies him that there was sufficient cause for not 
making the application at that sitliug. 

20. (i) If> before the date appointed for the hearing of a suit, the Paadngof 
defendant or his agent duly authorized in that behalf appears before the b^^i^^oii 
Registrar and admits the plaintiff's claim, the Registrar may, if the Judge oon^endon. 
is absent, and an Additional Judge has not been appointed or, having been 
appointed, is also absent, pass against the defendant, upon the admission, a 
decree which shall have the same effect as a decree passed by the Judge. 

(2) Where a decree has been passed by the Registrar under sub-section 
(i), the Judge may grant an application for review of judgment, and re-hear 
the suit, on the same conditions, on the same grounds and in the same manner 
as if the decree had been passed by himself, 

^ Printed, General AcU> Vol. IV, Ed. 1898» p. 263, 



1S4 



Exeontion 
of decrees 1)y 
BegUtrar. 



Adjournment 
of cases by 
eliief minis- 
terial officer. 



Betumof 
plaints in 
suits involv- 
ing questions 
of title. 



Provincial Small Cause Courts. [1887 : Act IZ. 

(Chap. IV. — Practice and Procedure* Sees. SU23.J 



2L {!) If the Judge iBlabsent^ and an Additional Judge has not been 
appointed or^ having been appointed^ is also absent, the Registrar may, subject 
to^ any instructions which he may have received from the Judge or^ with 
respect to decrees or orders made by an Additional Jndge^ from the Additional 
Judge^ make any orders in respect of applications for the execution of decrees 
and orders made by the Court of which he is Registrar, or sent to that Court 
for execution^ which the Judge might make under tbis Act. 

{2) The Judge^ in the case of any decree or order with respect to the 
execution of which the Registrar has made an order under sub^section {!), 
or the Additional Judge, in the ease of any such decree or order which has 
been made by himself and with respect to which proceedings have not been 
taken by the Judge under this sub-section, may^ of his own motion, or on 
application made by a 'party within fifteen days from the date of the order 
of the Registrar or of the execution of any process issued in pursuance of that 
order^ reverse or modify the order. 

{3) The period of fifteen days mentioned in sub-section (2) shall be 
computed in accordance with the provisions of the Indian Limitation Act, 
1877,^ as though the application of the party were an application for review xv of 1877. 
of judgment. 

22. "When the Judge of a Court of Small Causes is absent and an 
Additional Judge has not been appointed or, having beeu appointed, is also 
absent^ the Registrar or other chief ministerial officer of the Court may 
exercise from time to time the power which the Court possesses of adjourning 
the hearing of any suit or other proceeding, and fix a day for the further 
hearing thereof. 

23. (i) Notwithstanding anything in the foregoing portion of this Act, 
when the right of a plaintiff and the relief claimed by him in a Court of 
Small Causes depend upon the proof or disproof of a title to immoveable 
property or other title which such a Court cannot finally determinCi the Court 
may at any stage of the proceedings return the plaint to be presented to a 
Court having jurisdiction to determine the title. 

(£) When a Court returns a plaint under sub-section {!), it shall comply 
with the provisions of the second paragraph of section 57 of the Code of Civil 
Procedure ' and make such order with respect to costs as it djsems just, and ^iv of 1888. 
the Court ehall^ for the purposes of the Indian Limitation Act^ 1877j^ b^ XV of 1877. 



I Printed, Geuenl Aet8» Vol. Ill, Ed. 1898, p. 76. 
» Printed, General Acte, Vol. IV, Ed. 1898, p. 262. 



1887 : Act IX.] Pravineial Small Came CoutU. 1S5 

(Chap. IF. — Practice arid Procedure. Sees. 24-37. Chap. V.^^Supplemental 

ProvUiom. Sees. S&SO.) 

deemed to bave been unable to entertain the suit by reason of a cause of a 
natare like to that o£ defect oE jurisdiction. 

24. Where an order specified in section 588, clause (S9), of the Code of Appeal from 
XIV of 1888. Civil Procedure * is made by a Court of Small Causes, an appeal therefrom ^ q^^^^^ ^f 

shall lie to the District Court, ®°***^ ^*"••■• 

25* The High Court, for the purpose of satisfying^ itself that a decree or Bevisionof 
order made in any case decided by a Court of Small Causes was according ordera of 
to law, may call for the case and pass such order with respect thereto as it g^^JJ^Q^f^ 

thinks fit. 

26, [Amendment of the second echedule to the Code of Civil Procedure.'] 
Sep. Ijf the Presidency Small Cause Courts Law Amendment Act, 1889 (J of 

1888), s. 4. 

27. Save as provided by this Act, a decree or order made under the fore- Finality of 

^ » a ^\ r^ i-iii_ci decrees and 

going provisions of this Act by a Court of Smalt Causes shaU be nnal. ordew. 



CHAPTER V. 

Supplemental Pboyisions. 

28* (i) A Court of Small Causes shall be subject to the administrative Subordination 
control of the District Court and to the superintendence of the High Court, ^^ g^^ 

and shall- ^""■*- 

(a) keep such registers, books and accounts as the High Court from 

time to time prescribes, and 
lb) comply with such requisitions as may be made by the District Court j 

tbe High Court or the Local Government for records, returns and 

statements in such form and manner as the authority making the 

requisition directs. 
(3) The relation of the District Court to a Court of Small Causes, with 
respect to administrative control, shall be the same as that of the District 
Court to a CSvil Court of the lowest grade competent to try an original suit 
of the value of five thousand rupees in that portion of the territories adminis- 
tered by the Local Government in which the Court of Small Causes is 

established. 

29, A Court of Small Causes shall use a seal of such form and dimensions seal. 

as are prescribed by the Local Government. 

30 The Local Government may, by order in writing, abolish a Court of Abolition of 

Goorts of 

Small Causes. Small Caoses. 

— ^ — ^ ^ 

1 Printed, General Acts, Vol. IV, Bd. 1808, p, 268. 



:is6 



Saving of 
power to ap- 
point Judge 
of Coait (j 
Small Causet 
toother 
office. 



Application 
of Act to 
Courts in" 
Tested 

with jnriBdic- 
^on of Conrt 
of Small 
Caniee. 



Application 
of Act and 
Code to 
Conrt 80 
inFosted 
as to two 
Conrts. 

Modification 
oi Code as 
so applied. 



Provineiat Small Cau9e Courts. [1887: Act IX. 
(Chap. V.^^Supplemental Provuions. Sees, 31'34J 



81. (1) Nothing in this Act shall be construt'd to prevent the Local 
Government from appointing a person who is a Jnd<;e or Additional Judge of 
a Court of Small Causes to be also a Judge of aDy other Civil Court^ or to be 
a Magistrate of any class or to hold any other public office. 

{2) When a Judge or Additional Judge is so appointed, the ministerial 
officers of his Court shall, subject to any rules which the Local Government 
may x^ake in this behalf, be deemed to be ministerial officers appointed to aid 
him in the discharge of the duties of the other office. 

32r (/) So much of Chapters III and IV as relates to-* 
(a) the nature of the suits cognizable by Courts of Small Causes, 
{h) the CTclusion of the jurisdiction of other Courts in those suits, 
(e) the practice and procedure of Coui'ts of Small (^^auses, 
{d) appeal from certain orders of those Courts and revision of oases 

decided by them, and 
(e) the finality of their decrees and orders subject to such appeal and 
revision as are provided by this Act, 

applies to Courts invested by or under any enactment for the time being in 
foroe with the jurisdiction of a Court of Small Causes so far as regards the 
exercise of that jurisdiction by those Courts. 

(9) Nothing in sub-section (1) jirith respect to Courts invested with the 
jurisdiction of a Court of Small Causes applies to suits instituted or pro- 
ceedings commenced in those Courts before the date on which they were 
invested with that jurisdiction. 

33. A Court invested with the jurisdiction of a Court of Small Causes 
with respect to the exercise of that jurisdiction, and the same Conrt with 
respect to the exercise of its jurisdiction in suits of a civil nature which are 
not cognizable by a Court of Small Causes, shall, for the purposes of this 
Act and the Code of Civil Procedure,' be deemed to be different Courts. 

34. Notwithstanding anything in the last two foregoing sections, — 

{a) when, in exercise of the jurisdiction of a Conrt of Small Causes, a 
Court invested with that jurisdiction sends a decree for execution 
to itself as a Court having jurisdiction in suits of a civil nature 
which are not cognizable by a Court of Small Causes, or 

{b) when a Conrt, in the exercise of its jurisdiction in suits of a Civil 
nature which are not cognizable by a Court of Small Causes, 



XIV of 188S. 



^ For instances of notiflostions issned under this power^ «m Nortb- Western PMrincos and 
Ondh List of Local Rules and Orders, Ed. 1894> p. 123. 
> Printed, General Acts, VoL IV, Ed. 1898, p. 262. 



1887 : Act IX.] Provincial Smftll Cause Courts. 187 

(Chap. F.'-^Supplemental Provision^. Sea, 35-37, The Second Schedule. — 
Suiie excepted /rom the cognizance of a Court of Small Causes,) 

sends a decree for execation to itself as a Conrt invested with the 
jarisdiction of a Coni-t of Small Causes, — 
XIV of 1882. the documents mentioned in section 224 of the Code of Civil Frocednre^ 

shall not he sent with the decree unless in any case the Courts by order in 
writing, requires them to be sent. 

35* (/) Where a Court of Small Causes^ or a Court invested with the Continnauce 
jurisdiotion of a Conrt of Small (Causes, has from any cause ceased to have ing^^^ 
jurisdiction with respect to any case, any proceeding in relation to the case, n^^®^ 
whether before or after deoreei which, if the Court had not ceased to have 
jurisdiction, might have been had therein, may be had in the Court which, 
if the suit out of which the proceeding ha^) arisen were about to be instituted, 
would have jurisdiction to try the suit. 

(9) Nothing in this section applies to cases for which special provision is 

XIV of 1882. i^ade in the Code of Civil Procedure^ as extended to Courts of Small Causes 

or in any other enactment for the time being in force. 

86* In the third division of the second schedule to the Indian Limitation Amendmeut 

XV of 1877. Act, 1877, •- x^^^ 

(a) after No. 160 the following shall be inserted, namely :-r- Act. 

'* ICOA. For ft review of jadgment by a Ditto. The d&te of the decree or order*" 
ProYinoial Coturt of SmftU CftTues, or by 
ft Court inveBted with the jurisdiotion of 
ft Proyindftl Coort of Small GauaeB when 
ezerdfling that joriB^ction. 

and (i) in No. 17S, the wordsj figures and letter '^ No. 160A and " shall 

be inserted before the word and figures ''No. 162.^' 
37» All orders required by this Act to be made in writing by the L<^1 Pnblicatiou 
Government shall be published in the official Gazette. orders. 



THE FIRST SCHEDULE. 
[Enactments bbpbaud*] 

jSep. iy the Bepealing and Amending Aety 1891 (XII of 1891). 



THE SECOND SCHEDULE. 
Suits ExcnFrsD fkoh thb cognizanob of a Court of Shall Causbb. 

{See section 15.) 
(1) A snit oouceming an aet or order pui*portin6r to be done or made by 



1 Printed, General Acts, Vol. IV, Ed« 1898, p. 262. 
* Printed, Genenil Aot0, Vol. Ill, Ed. 1898^ p. 76. 



188 Provincial Small Came CcuHt. [1887 : Act IX. 

(The Second Schedule.'^ Suite excepted from the eognitance of a Court of 

Small Causes J 

the Governor General in Council or a Local Government^ or by 
the Governor General or a Governor, or by a Member of the 
Conncil o{ the Governor General or of the Governor of Madras 
or Bombay, in his official capacity, or concerning an act purport- 
ing to be done by any person by order of the Governor General 
in Council or a Local Government ; 

(2) a suit concerning an act purporting to be done by any person in 
pursuance of a judgment or order of a Court or of a judicial 
officer acting in the execution of his office ; 

(8) a suit concerning an act or order purporting to be done or made by 
any other officer of the Government in his official capacity^ or by 
a Court of Wards, or by an officer of a Court of Wards in the 
execution of his office ; 

(4) a suit for the possession of immoveable property or for the recovery 

of an interest in. such property ; 

(5) a suit for the partition of immoveable property j 

(6) a suit by a mortgagee of immoveable property for the foreclosure of 

the mortgage or for the sale of the property, or by a mortgagor 
of immoveable property for the redemption of the mortgage ; 

(7) a suit for the assessment, enhancement, abatement or apportionment 

of the rent of immoveable property ; 

(8) a suit for the recovery of rent, other than house-rent, unless the 

Judge of the Court of Small Causes has been expressly invested 
by the Local Government with authority to exercise jurisdiction 
• with respect thereto ;* 

(9) a suit concerning the liability of land to be assessed to land- 

revenue ; 

(10) a suit to restrain waste ; 

(11) a suit for the determination or enforcement, of any other right to or 

interest in immoveable property ; 

{12) a suit for the possession of an hereditary office or of an interest in 
such an office, including a suit to establish an exclusive periodi- 
cally recurring right to discharge the functions of an office; 

(IS) a suit to enforce payment of the allowance or fees respectively 
called maliiana and haqq, or of cesses or other dues when the 



> B*or notifications issued tinder this artide for— 

(i) the Madras Ftesidenoy, see Madras List of Local Bnles and Orders, Vol. I, Bd. 1806; 

p. 224} 
(jf) Bnrma, see the Burma Bnles Manual, Sd, 1807, p. 18L 



1887 :; Act IX.] Protmcial Small Came Courti. 1«9 

(TAe Second Schedule. — SuiU excepted from the cognizance of a Court cf 

Small Causes.J 

oesses or daes ace payable to a person by reason of hblintereet in 

immoveable property or in an hereditary office or in a shrine or 

other reh'gions institution ; 
(14) a suit to recover from a person to whom compensation has been paid 
X ckf 1870. under the Land Acquisition Act, 1870/ the whole or any part of 

the compensation ; 
(16) a suit for the specific performance or rescission of a contract ; 

(16) a suit for the rectification or cancellation of an instrument; 

(17) a suit to obtain an injunction ; 

(18) a suit relating to a trust, including a suit to make good out of the 

general estate of a deceased trustee the loss occasioned by a breach 
of trust, and a suit by a co-trustee to enforce against the estate 
of a decensed trustee a claim for contribution ; 

(19) a suit for a declaratory decree, not being a suit instituted 
XIV of 1888. under section 288 or section 882 of the Code of Civil Pro- 
cedure ; ' 

(20) a suit instituted under section 288 or section 832 of the Code of 

Civil Procedure ;' 

(21) a suit to set aside an attachment by a Court or a revenue-authority, 

or a sale, mortgage, lease or other transfer by a Court or a revenue- 
authority or by a guardian ; 

(22) a suit for property which the plaintiff has conveyed while insane ; 
(28) a suit to alter or set aside a decision, decree or order of a Court or 

of a person acting in a judicial capacity ; 
(24) a snit to contest an award ; 
XIV of 1882. (26) a suit upon a foreign judgment as defined in the Code of Civil Pro- 

cedure • or upon a judgment obtained in British India ; 
(46) a suit to compel a refund of assets improperly distributed under 
section 496 of the Code of Civil Procedure ;* 
X of 1866. (27) a suit under the Indian Succession Act, 1863,» section 820 or section 

V of 1881. 821, or under the Probate and Administration Act, 1881,* section 

189 or section 140, to compel a refund by a person to whom an 
executor or administrator has paid a legacy or distributed assets ; 
(28) a suit for a legacy or for the whole or a share of a residue 



1 8e» now tlieLand AcqniBition Act, 1894 (I of 1894), printed, General Acts, Vol. VI, Ed. 1898. 
» Printed, General Acts, Vol. IV, Ed. 1898, p. «62. 
• Printed, General Acts, Vol. 1, Ed. 1898> p. 468. 
« Printed, General Acts, Vol. HI, Ed. 1898, p. 839. 



140 Provincial Small Cause Court*. [1887 : Act IX. 

fTAe Second Schedule. — -SuiU excepted from the cognizance of a Court of 

Small Cau$ei.J 

beqneatlied by a testator^ or for the whole or a share of the pro* 
perty of an intestate ; 
<29) a suitr- 

(a) for a dissolation of partnership or for the winding up of the 

business of a partoership after its dissolation ; 
(i) for an account of partnership transactions ; or 

(c) for a balance of partnership-account^ unless the balance has been 

struck by the parties or their agents ; 

(50) a suit for an account of property and for its due administration 

under decree ; 

(51) any other suit for an account^ including a suit by a mortg^gor^ after 

the mortgage has been satisfied, to recov^er sarplus collections 
received by the mortgagee^ and a suit for the profits of immove- 
able property belonging to the plaintiff which have been wrong- 
fully received by the defendant ; 
(32) a suit for a general average loss or for salvage ; ^ 

(SS) a suit for compensation in respect of collision between ships ; 

(34) a suit on a policy of insurance or for the recovery of aoy premium 

paid under any such policy ; 

(35) a suit for compensation--* 

(a) for loss occasioned by the death of a person caused by actionable 
wrong; 

(d) for wrongful arrest^ restraint or coufinement ; 
{p) for malicious prosecution \ 

(rf) for libel; 

< 

{fi } for slander ; 

(/) for adultery or seduction ; 

(g) for breach of contract of betrothal or promise of marriage ; 

[K\ for inducing a person to break a contract made with the plaintiff; 

( t) for obstruction of an easement or diversion of a watercourse ; 

(y) for illegal, improper or excessive distress or attachment ; 

(£) for improper arrest under Chapter XXXIV of the Code of Civil 

Procedure ^ or in respect of the issue of an injunction wrong- xiV of 1889k 
fully obtained under Chapter XXXV of that Code ; or 

({) for injury to the person in any case not specified in the foregoing 
sub-clauses of this clause ; 



^ Printed* Oenenl Acts, Vol. lY, Ed. 1898, p. 262. 



1887 : Act IX.] Provincial Small Cause Courts, 141 

(The Second Schedule ^-^Suitt excepted from the cognizance of a Court of 

Small Causes.) 

1887 : Act XJ Native Tassenger Ships* 

(86) a suit by a Mubammadan for exigible {mu^ajjcd) or deferred 

{tnu^wajjal) dower ; 

(87) a suit for the restitudon of oonjugal righbs, for tbe recovery of a 

wife, for the custody of a minor, or for a divorce ; 

(38) a suit relating to maintenance ; 

(89) a suit for arrears of land-revenue, village-expenses or other sums pay- 
able to the representative of a village-community or to bis bar or 
otber successor in title ; 

(40) a suit for profits payable by tbe representative of a village-community 

or by bis heir or other suooessor in title after payment of land- 
revenue^ village-expenses and otber sums ; 

(41) a suit for contribution by a sharer in joint property in respect of a 

payment made by him of money due from a co-sharer, or by & 
manager of joint property, or a member of an undivided family 
in respect of a payment made by him on account of tbe property 
or family ; 

(42) a suit by one of several joint mortgagors of immoveable property 

for contribution in respect of money paid by him for tbe redemp- 
tion of the mortgaged property ; 

(48) a suit against the Government to recover money paid under protest 
in satisfaction of a claim made by a revenue-authority on account 
of an arrear of land-revenue or of a demand recoverable as an 
arrear of land-revenue ; 

(44) a suit tbe cognizance whereof by a Court of Small Causes is barred 
by any enactment for the time being in force. 



THE NATIVE PASSENGER SHIPS ACT, 1887. 



CONTENTS. 



CHAPTER I. 
Pbbliminabt. 



Skotions. 

1. Title. 

2. Extent and application* 
8. Commencement. 

4. Repeal. 
6. Definitions. 



142 Native Passenger Ships. [1887 : Act Z. 

CHAPTER 11. 

ROLBB FOR ALL YoTAOBS. 

SsonoNs. 

6. Ships to Bail only from places appointed by the Q-overnmeot. 

7. Notice to be given of day of sailing. 

8. Power to enter on and inspect ship. 

9» Ship not to sail without two certificates. 

10. Contents of certificate A. 

11. Contents of certificate B. 

12. Grant of certificates. 

IS. Substitute for certificate A* 

14. Survey of sbip. 

15. Discretion as to grant of certificate. 

16. Copy of certificates to be exhibited. 

17. Supply by passengers of their own food. 



CHAPTER III. 
Rules for Shobt Votagbs. 

18. Space to be available for passengers. 

19. Ship taking additional passengers at intermediate place. 

20. Deaths on voyage* 

CHAPTER IV. 
RuLBs POB Long Yoyagis. 

21. Space to be available for passengers* 

22. Statements concerning passengers* 

23. Deaths on voyage. 

24. Ship taking additional passengers at intermediate place. 

25. Certain ships to be propelled by steam. 

26. Certain ships to carry medical officer. 

27. Ships carrying passengers to or from port in Red Sea to touch .it 

Aden. 

28. Bill of health at Aden. 

29. Bond where ship clears for port in Red Sea. 

80. Power for Local Government to direct medical inspection of passen- 
gers. 



CHAPTER V. 
Penalties. 

81. Penalty for ship unlawfully departing or receiving passengers on 

board. 

82. Penalty for opposing entry on or inspection of ships. 
88. Penalty for not exhibiting copy of certificates. 



1887 : Act XJ Native Fmsenger Shift. 143 

SxcnoNs. 

84, Fenaltj^ for uot cooaplyiog with requirements as to statements oon- 

oerning passengers and certain other matters. 
86. Penalty for fraadnlent alteration in ship after certificate obtained. 

86. Penalty for failing to sapply passengers with prescribed provisions. 

87. Penalty for having excessive number of passengers on board. 

S3. Penalty for bringing passengers from foreign port in excess of natlio* 

rized number. 
89. Penalty for landing passenger at a place other than that at which he 

has contracted to land. 
40. Penalty for making voyage in contravention of contract with passen- 

gers. 
41* Penalty on master and owner of certain ships not propelled by steam. 
42. Penalty on master of certain ships sailing without medical officer. 
48. Penalty for not obtaining bill of health at Aden. 
44. Penalty on master or medical officer of certain ships disobeying rules. 
46. Penalty on master receiving passenger in contravention of section 80. 

Procedure. 

46. Adjudication of ofEences and levy of fine by distress on ship. 

47. Jurisdiction. 

48. Authority to institute proceedings for penalties. 

49. Application of fines. 

50. Depositions of absent witnesses. 



CHAPTER VI. 

Supplemental Pbovisions. 

51. Information to be sent to ports of embarkation and discharge. 

52. Report of Consul, 

58. Power for Governor General in Council and Local Government to 
make rules. 

54. Appointment of officers. 

55. Power to declare what shall be deemed '* seasons of fair weather '' 

and '* long voyage* ''. 

56. Power to prescribe space to be available for passengers. 

57. Power to exempt ship from provisions of AoL 



SCHEDULE — Emaotments eepealbd. 



applloatioii« 



144 Naiive Pauenger 8hip9. [1887 : Aot X. 

(Chap. L^Preliminary^ Sees. l^S.J 

ACT No. X OF 1887.^ 

l2Si February, 1887.] 

An Act to consolidate and amend the law relating to Native 

Passenger Ships. 

Wheueas it is expedient to consolidate and amend the law relating to 
native passenger sbips; It is hereby enacted as follows :— 

CHAPTER I. 

Preliminabt. 

Titie. 1. This Act may be called the Native Passenger Ships Aot^ 1887. 

Bxtont^nd 2. {!) It extends to the whole of British India^ and applies — 

(ft) to all subjects of Her Majesty within the dominions of Princes and 
States in India in alliance with Her Majesty ; 

(b) i6 all native Indian subjects of Her Majesty without and beyond 

British India ; and, 
(e) subject to the exceptions mentioned in sub-section {2), to ships carry-^ 

ing as passengers more than thirty natives of Asia or Africa. 
(8) But it does not apply — 
(i) to any ship-of-war, troopship, transport or other ship belonging to 

the Royal Navy or Her Majesty's Indian Marine ServicCi or 
(ii) to any other ship for the time being in the service of Her Majestyy or 
(iii) to any ship^of-war belonging to any Foreign Prince or State, or 
(iv) to any steam-ship not carrying as passengers more than sixty natives 

of Asia or Africa^ or 
(v) to any ship not intended to carry natives of Asia or Africa as passen- 
gers to or from any port in British India. 
(3) Notwithstanding anything in sub-sections (1) and {3), the Local 
Government may, with the previous sanction of the Governor General in 
Council^ declare all or any of the provisions of this Act to apply to sailing- 
ships; or any class of sailing-ships, carrying as passengers more than fifteen 



1 Cf. the Herohant Shipping Aue^ 1862 (16 & 17 Yict* o. 84), sinoe repealed by the Mer- 
chant Shipping Act» 1894 (67 & 68 Viot, c. 60), 

For Statement of Objects and Beasons, see Gazette of India, 1886, Pt. V, p. 884 ; for Beport 
of the Select Committee^ «m ibid, 1887, Pt. lY, p. 87 ; and for Proceedings in Council, see ihid^ 
1836, Supplement, pp. 1189 and 1198, and ibid, 1887, Pt, VI, p. 27. 

On and from the 6th October, 1896, Act X of 1887 ceased to apply to pilgrim ships. On 
that date the PUgrim Ships Act. 1895 (XIV of 1895), which repeals Act X of 1887, so far as 
it afPects snch ships, was bronght into force, see s. 4 of Aot XIV of 1895 and Cksette of 
India, 1896, Pt. J, p. 800. 



1887 : Act XJ Native Fa»senger Ships. 148 

(Chap, L^ Preliminary, Sees. 8'6.J 

natives of Asia or Africa, and to stoam-Bhips, or any clasB of steam-shipfli 
oarrjdng as passengers more than thirty such natives, 

3. This Act shall come into force on such day as the Governor General in CkmimeiiM* 
Oouncil^ by notification in the Gazette of India^ appoints.^ ^ 

4. {!) On and from that day the enactments mentioned in the schedule BepeaL 
shall be repealed to the extent specified in the third column thereof. 

(8) But all ports^ places and ofiicers appointed, rules^ declarations and 
exemptions made, bonds executed, directions given and certificates granted 
under any of those enactments shall, so far as may be, be deemed to be 
vespectively appointed, made, executed, given and granted under this Act ; and 

{3) Any enactment or document referring to any enactment hereby 
repealed shall be construed to refer to this Act or to the corresponding por- 
tion thereof. 

6« In this Act, unless there is something repugnant in the subject or Deflniil<mi« 
context,-— 

(i) ** ship '^ means a ship to which this Act applies : 
{8) '' passenger '^ means a passenger by a ship who is a native of Asia or 
Africa of the age of twelve years or upwards and is not on the articles of the 
ship as one of the crew ; but it does not include either a passenger in attend- 
ance on a person who is not a natjve of Asia or Africa, or a child under one 
year of age ; and, in the computation of passengers for any of the purposes 
of this Act, two persons of the age of one year or upwards and under the age 
of twelve years shall be reckoned as one passenger : 

(3) '* long voyage " means, subject to the provisions of this Act, any 
voyage during which the ship performing it will in ordinary circumstances be 
one hundred and twenty hours or upwards continuously out of port : 

(4) " short voyage '* means, subject to the provisions of this Act, any 
voyage during which the ship performing it will not in ordinary circumstances 
be one hundred and twenty hours continuously out of port : 

(5) " voyage," when used without the prefix *' long" or '' short," means 
the whole distance between the ship's port or place of departure and her final 
port or place of arrival : 

(6) " Chief Customs-officer" means the chief executive officer of sea-cus- 
toms in any port or place to which this Act applies : and 

(7) '^ Magistrate '' means a person exercising powers not inferior to those 
of a Magistrate of the second class. 

The Act CS1I19 into force on let June, 1887, im Oasette of India, 1887, Fl. I, p. 260. 
VOL. V. L 



14a 



NBiive FoBsenger Ships. [1887 : Aot X. 

(Chap. IL'-^Bules for all Voyages. Sees. 6*11.) 



ShiptioftU 
only from 
plioei ap- 
pointed by 
vie Qoyem- 
rnent' 



Kofcieeiobe 
giyenof day 
diidliiig. 



Power to 
enter on and 
inBpeot tbip. 



Sbip not to 
■idl without 
iwocerti- 
flefttei. 



Content! of 
owtiflcate A. 



Contentii of 
certificate B. 



CHAPTER II. 

RULBS FOB ALL VoTAGBB. 

6. (i) A ship carrying passengers shall not depart or prooeed frooOy or dis* 
charge passengers at, any port or place ^ within British India other than a port 
or place appointed in this behalf by the Local Government. 

(j9) After a ship has departed or proceeded on a voyage from a port or place 
80 appointed; a person shall not be received on beard as a passenger exoept at 
some other port or place so appointed, 

7« (i) The master^ owner or agent of a ship so departing or proceeding 
shall give notice to an officer appointed in this behalf by the Local Oovern- 
ment ' that the ship is to carry passengers, and of her destination, and of the 
proposed time of sailing. 

{S) The notice shall be given not less than twenty -f oar hoars before that 
time. 

8. After receiving the notice^ the officer aforesaid or a person aathorized by 
him shall be at liberty at all times to enter on the ship and inspect her and 
her fittings and the provisions and stores in her. 

9. (i) A ship intended to carry passengers shall not commence a voyage 
from a port or place appointed ander this Act, unless the master holds two 
certificates to the effect mentioned in the^two next following sections. 

(S) The officer whose duty it is to grant a port-clearance for the ship shall 
not grant it nnless the master holds those certificates. 

10. The first of the certificates (hereinafter called '' certificate A'') shall 
stale that the ship is seaworthy and properly equipped^ fitted and ventilated| 
and the number of passengers which she is capable of carrying. 

11. Hie second of the certificates (hereinafter called '^ certificate B ''} shall 
state— 

{a) the voyage which the ship is to ipakcj and the intermediate ports, if 
any, at which she is to touch ; 

{b) that she has the proper complement of officers and seamen ; 

{(b) that food, fuel and pure water over and above what is necessary for the 
crew, and the other things, if any, prescribed for the sbip by the 
roles under this Act, have been placed on board, of the qaality 

prescribed by the rales, properly packed, and sufficient to supply the 

J II I - ■ ■ ' _-^ — -■■■■ — ■ 

^ For port appointed under this section in — 

(i) Bombay> tee Bombay List of Local Rules and Orders, Vol. I, Ed. 1896, p. oxxvi; 

(;9) Burma, «m Burma Laws List, Ed. 1897, p. 258 ; 

(0) Madras, «m Madras List of Local Bales and Orders, Vol. I, Ed. 1898, p. 824. 
> For offioers appointed ander this section in conjunction with ss. 17 and 87 and ss. 17, 37 and 
61, «es Bombay List of LomI Boles and Orders, Vol. I, Ed. 1896, p. czzyL 



1887 : Aot X.] Native Passenger 8Mp9. 147 

(Chap. IL — Rule$fof all Voyages, Sea, 12-14.) 

passengers on board during the voyage whicb the ship is to make 
(ineluding suoh detention in quarantine as may be probable] accord- 
ing to the scale for the time being prescribed by those rules; 

(<Q that the master holds certificate A ; 

(tf) if the ship is to make a short voyage in a season of foul weather, and 
to carry upper-deck passengers, that she is furnished with substan- 
tial bulwarks and a double awning or with other sufficient protection 
against the weather ; 

(/) if she is to carry passengers to any port in the Red Sea, that she is 
propelled principally by steam^ and, if she is to carry more than one 
hundred passengers to any such port, that she has on board a 
medoial officer licensed in accordance with the rules under this Act ; 
and 

(g) such other particulars, if any, as may be prescribed by those rules. 
12* The person by whom certificate A and certificate B are to be granted Giant of 
shall be the officer appointed under section 7. ^ 

18. Where the master of a ship produces to that officer either of the follow- SnbttltiiU 

, - 1 for ftflrfciflofttt 

ing certificates, namely : — : ^ 

(a) a valid certificate granted by the Board of Trade or by a British 

Colonial G-ovemment, or 
(i) a certificate granted onder the authority of a British Indian Govern- 
ment, on a date not more than one year before the profiused day of 
sailing, and in force and applicable to the voyage pn which the ship 
is to proceed or the service on which she is about to be employed, 
the officer may, if the particulars required by section 10 are certified there- 
by, take the certificate as evidence of those particulars, and it shall then be 
deemed to be a certificate A for the purposes of this Act. 

14. {1) After receiving the notice required by section 7, the officer iM^*^ 
appointed under that section may, if he thinks fit, cause the ship to be sur- 
veyed at the expense of the master or owner by competent surveyors, who shall 
report to him whether the ship is, in tbeir opinion, seaworthy and properly 
equipped, fitted and ventilated for the voyage which she is to make : 

Provided that he shall not cause a ship holding a certificate mentioned in 
section IS, clause [a) or clause (5), to be surveyed unless by reason of the ship 
having met with damage or having undergone alterations, or on other reason* 
able ground, he considers it likely that she may be found uuseaworthy or not 
properly equipped, fitted or ventilated for the voyage. 

{2) If the officer causes a survey to be made of a ship holding any suoh 
certificate, and the surveyors report that the ship is seaworthy and properly 



Diicretion as 
(ognmtof 



of certi- 
floaiefltobe 
czbiUted. 




Supply }3j 
pMBengersof 
their own 
food. 



148 Native Passenger Ships. [1887 ; Act X.- 

fChaf. U.—Bulesfor all Voyages. Sees. 15-17. Chap. III.— Rules for 

Short Voyages. See. 18.) 

equipped, fitted and ventilated for the voyage, and that there was no reason- 
able ground why the officer should have thought it likely that she would be 
found unseaworthy, or not properly equipped, fitted or ventilated for the 
voyage, the expense of the survey shall be paid by the Local Government. 

15, 11) The officer authorized to grant a certificate under this Act in 
respect of a ship shall not grant it unless he is satisfied that she has not on 
board any cargo likely from its quality, quantity or mode of stowage to pre- 
judice the health or safety of the passengers. 

(2) But save as aforesaid, and subject to the proviirions of sub-seotion (5) 
it shall be in the discretion of the officer to grant or withhold the certificate. 

(d) In the exercise of that disoretion that officer shall be subject to the 
control of the Local Government, and of any intermediate authority ^ which 
that Government appoints in this behalf. 

16* The master or owner shall post up in a conspicuous part of the ship, so 
as to be visible to persons on board thereof, a oopy of each of the certificates 
granted under this Act in respect of the ship, and shall keep those copies so 
posted up throughout the voyage, 

17. If an officer appointed in this behalf by the Local Government is satis- 
fied that a passenger has brought on board a ship for his own use food of the 
quality and in the quantity for the time being prescribed by the rules under 
this Act, the requirements of this Act respecting the supply of food for passen- 
gers shall not apply so far as regards the supply of food for that passenger. 



BpiMtobe 

aTfUUUefor 

pMiengen. 



CHAPTER in. 

Bulbs por Shobt Yotages. 

18. {!) For seasons of fair weather a ship performing a short voyage 
shall, subject to the provisions of this Act, contain in the between-deoks at 
least six superficial feet and thirty -six cubic feet of space available for every 
between-decks passenger, and on the upper-deek at least four superficial feet 
available for each such passenger and six superficial feet available for each 
upper-deck passenger. 

(i9) For seasons of foul weather a ship propelled by sails and performing a 
short voyage shall, subject as aforesaid, contain in the between-decks at least 
twelve superficial feet and seventy-two cubic feet of space available for every 



^ For initance of snch an ftppoiDtmenty $$$ Madras List of Local Rules and Order% VoL I, Ed, 
1898, p. 225. 



1887 : Act Z.] Native Passenger Ships. 149 

fCAap. III.^Bules for Short Voyages, Sees. 19-20.) 

between-dooks passengerj and on the upper-deck at least four superficial feet 
available for each such passenger and twelve superficial feet available for each 
upper-deck passenger. 

{3) For seasons of foul weather a ship propelled by steam, or partly by 
steam and partly by sails, and performing a short voyage, shall, subject as 
aforesaid, contain in the between*deoks at least nine superficial feet and fifty- 
four cubic feet of space available for every between-decks passenger, and on 
the upper-deck at least four superficial feet available for each such passenger 
and nine superficial feet available for each upper-deck passenger* 

{4) But in seasons of foul weather a ship shall not carry upper-deck pas- 
sengers unless she is furnished with substantial bulwarks and a double 
awning or with other sufi&cient protection against the weather. 

19. If a ship performing a short voyage takes additional passengers on sMp taUng 

board at an intermediate port or place, the master shall obtain from the officer jf^Jj^^ ^ 

appointed at that port or place under section 7 a supplementary certificate intennediate 

. ,. pUuse. 

stating— 

(a) the number of passengers so taken on board, and 

(i) that food, fuel and pure water over and above what is necessary for the 
crew, and the other things, if any, prescribed for the ship by the 
rules under this Act, have been placed on board, of the quality pre- 
scribed by the rules, properly packed and sufficient to supply the 
passengers on board during the voyage which the ship is to make 
(including such detention in quarantine as may be probable) accord- 
ing to the scale for the time being prescribed by those rules : 

Provided that if the certificate B held by the master of the ship states that 
food, fuel and pore water over and above what is necessary for the crew, and the 
other things, if any, prescribed for her by the rules under this Act, have been 
placed on board, of the quality prescribed by the rules, properly packed, and 
sufficient to supply the full number of passengers which she is capable of 
carrying, the master shall not be bound to obtain any such supplementary cer- 
tificate. 

20. When the ship reaches her final port or place of arrival, the master DesthB 
shall notify to such officer ^ as the Governor General in Council appoints in this ^ ^^^^ 
behalf the date and supposed cause of death of every passenger dying on the 
voyage. 



Qaiette 



^ For offioen appointed nnder this section, m« Notifioation Ko. 1858, dated 14th March. 1889. 
*teo£Iiidia,Xii8»,Pt.I,p.l68. . , oo«.. 



160 



Native Poisenger 8Mp$. [1887 : Act X« 

fClap. ir.^BuleM for Long Voyage%. Sees. Sl-Sd.) 



Space to be 
ftnU]*ble for 



flUiements 
eonoerning 



Deaths on 
Toyage. 



8Mp taking 
adfitional 
paiiengen at 
intennediate 
place. 



CHAPTER IV. 
BuLss lOA Lose VoTAen. 

21. (1) A ship propelled by sails and perfonning a loDg voyage shall, 
subject to the ptOTisioiis of this Aot, oontaiii in the between-deeks at least 
twelve superficial feet and seventy-two cubic feet of space available for every 

passenger. 

(2) A ship propelled l^ steam, or partly by steam and partly by sails, 
and performing a long voyage, shall, subject as aforesaid, contain in the 
between-decks at least nine superficial feet and fifty-four cabiclfeet of space 
available for every passenger. 

22. The master of a ship departing or proceeding on a long voyage from 
any port or place in British India shall sign two statements, specifying the 
number and the respective sexes of all the passengers, and the'number of the 
crew, and shall deliver them to the officer appointed under section 7, who 
shall thereupon, after having first satisfied himself that the numbers are 
correct, countersign and return to the master one of the statements. 

28* The master shall note in writing on the statement returned to him, 
and on any additional statement to be made under the next following section, 
the date and supposed cause of death of any passenger who may die on the 
voyage, and shall, when the ship arrives at her port or place of destination 
or at any port or place at which it may be intended to land passengers, and 
before any passengers leave the ship, produce the statement, with any addi- 
tions thereto made, to a person lawfully exercising consular authority on 
behalf of Her Majesty at the port or place or to the Chief Customs-officer 
thereat or the officer (if any) appointed there under section 7. 
24. (i) In either of the followii^ cases, namely : — 
(a) if after the ship has departed or proceeded on a long voyage any 
additional passengers are taken on board at a port or place within 
British India appointed under this Act for the embarkation of 

passengers, or 
(6) if the ship upon her voyage touches or arrives at any such port or 
place, having previously received on board additional passengers at 
any place beyond British India, 
the master shall obtain a fresh certificate to the effect of certificate B from 
the officer appointed at that port or place under section 7, and shall make 
^ditional statements specifying the number and the respective sexes of all 
the additional passengers. 

(8) All the foregoing provisions of this Act with respect to certificate B 



1887 : Act X.] Native Panenger SAips. 151 

(Chaf. IV^'^Buleifor Long Yoyagei^ Bed* 25-80.) 

and Btatements conoerning passengers shall^^be* applicable to any certificate 
granted or statement made under this section. 

25. A ship carrying passengers from or to any port in British India to or Certain aUpt 
from any port in the Bed Sea shall be propelled principally by steam. peUed by 

•ieftin* 

26. A ship carrying more than one hundred passengers from or to any Certein ships 
port in British India to or from any port in the Red Sea shall have on board medSoZoA- 
a medical officer licensed in accordance with the rules under this Act. ^'' 

27. A ship carrying passengers from or to any port in British India Ships ouny- 
other than Aden to or from any port in the Red Sea shall touch at Aden, and gen to or 
shall not leave that port without having obtained from the proper authority a sedge^^ 
clean bill of health. tooob at 

28. The authority at Aden empowered to grant the bill of health shall BUI of health 
refuse {to grant it if the ship has on board a greater number of passengers *^ ^°* 
than the number allowed for the ship by or under this Act, and may refuse to 

grant it if the requirements of any rule under this Act are not complied with 
'On board the ship. 

29. In the case of a ship carrying passengers from any port in British Bond whsn 
India other than Aden to any port in the Red Sea^ the officer whose duiy it is f^^r^^nTin 
to grant a port-clearance for the ship shall not grant the clearance unless and ^^ ^^^ 
nntil the master^ owner or agent of the ship and two sureties resident in 

British India have executed in favour of the Secretary of State for India in 
Council a joint and several bond, for the sum of five thousand rupees con- 
ditioned— 

(a) that the ship shall touch at Aden on the outward voyage and there 
obtain a clean bill of health, and shall do the same on the home- 
ward voyage if the ship continues to carry more than sixty pas- 
sengers, and 
ip) that the master and medical officer (if any) of the ship shall comply 
withj on the outward voyage, and also on the homewai'd voyage 
if the ship continues to carry more than sixty passengers, the 
provisions of this Act and of such rules relating to ships carrying 
passengers between ports in British India and ports in the Red 
Sea as the Governor General in Council may make under this Act. 
80. (1) The Local Government may direct that no passenger shall be Power for 
received on board any ship or any ship of a specified class carrying passengers OTmentto 

from any port in British India to any port in the Red Sea ^ unless and until ^^^ ™^' 
^_^ oal inspection 

^ As to inspeotion of ships andpersons sailing to any port whatsoever, tee s. 2 {Sf\ (a) of tlie 
Bpidemio Diseases Act, 1897 (III of 1897), printed. General Acts, Vol. VI, Ed. 1898. 



162 



Penftlty for 
■Up nnlair* 
foUy dopftrfe- 
Sngor re- 
Cflmxig 
pBflwngen 
onbofljd. 



Penalty for 
oppoiing 
antry on or 
InflpectioQ of 
■hipa. 

Penalty for 
not exhibit- 
ing copy of 
certilloatee. 



Penalty for 
not oomply- 
Ingwlth 
reqniremenle 
aetostate- 
mentf oon- 
eemingpaa- 
fengeraand 



Native Passenger Skips. 
(Gkap. r.— Penalties. Sees. 31-34.) 



[1887 : Act Z. 



the passenger has been inspected, at sncli time and place, and in snob manner, 
as the Local Oovernment may fix in this behalf, by a medical officer to be 
appointed by that Government for the purpose. . 

[2) If in the opinion of the officer making an inspection under the eeotion 
a passenger is suffering from any dangerously infectious or contagious diseasSi 
the passenger shall not be permitted to embark. 



CHAPTER V. 

Fbnaltibs. 

31. If a ship departs or proceeds on a voyage from, or discharges passen- 
gers at, any port or place within British India in contravention of the provi- 
sions of section 6, sub-section (i), or section 9, or if a person is received as a 
passenger on board a ship in contravention of the provisions of section 6, sub- 
section (9), the master or owner shall, for every passenger carried in the ship, 
or for every passenger so discharged or received on board, be punished with 
fine which may extend to one hundred rupees, or with imprisonment for a term 
which may extend to one month, or with both, and the ship, if found within 
two years in any port or place within British India, may be seized and detained 
by a Chief Customs-officer until the penalties incurred under this Act by 
her master or owner have been adjudicated, and the payment of the fines 
imposed on him under this Act, with all costs, has been enforced, under the 
provisions of this Act : 

Provided that the sggregate term of imprisonment awarded under this 
section shall not exceed one year. 

32. If a person impedes or refuses to allow the entry or inspection author- 
ized by or under this Act, he shall be punished with fine which may extend to 
five hundred rupees for each offence, or with imprisonment for a term which 
may extend to three months, or with both. 

33. If a master or owner without reasonable excuse, the burden of proving 
which shall lie upon him, fails to comply with the requirements of section 16 
with respect to the posting of copies of certificates, he shall be punished with 
fine which may extend to two hundred rupees, or with imprisonment for a 
term which may extend to one month, or with both. 

84. If a master fails to comply with any of the requirements of section 22 
or section 23, as to the statements concerning passengers, or wilfully makes 
any false entry or note in or on any such statement, or without reasonable 
excuse, the burden of proving which shall lie upon him, fails to obtain any 
such supplementary certificate as is mentioned in section 19, or to report deaths 



1887 : Act X.] NaUpe Paisengir Ships. 15S 

CCAap. r. ^Penalties. Sees. 35-38.) 

as required by section 20^ or to obtain any such fresh certificate^ or to make certMD other 
any such statement of the number of additional passengers^ as is mentioned 
in section 24, he shall be punished with fine which may extend to five hundred 
rupees for every such offence^ or with imprisonment for a term which may 
extend to three months, or with both. 

86« If a master, after having obtained any of the certificates mentioned in Penallv for 
section 9, section 19 or section 24, fraudulently does or suffers to be done any- alteration 
thing whereby the certificate becomes inapplicable to the altered state of the ^^^^^^ 
ship, her passengers or other matters to which the certificate relates, he shall be obtainecL 
punished with fine which may extend to two thousand rupees, or with imprison* 
ment for a term which may extend to six months, or with both. 

36. If a master without reasonable excuse, the harden of proving which Penalty for 
shall lie upon him, omits to supply to any passenger the allowance of food, sapply pta- 
fuel and water prescribed by the rules under this Act, he shall be punished "^'^^^^^ 
with fine which may extend to twenty rupees for every passenger who has proyinona. 
sustained detriment by the omission. 

87. (1) If a ship carrying passengers to or -from any port or place in Penalty for 
British India has on board a number of passengers which is greater than the cenlvenuin- 
number allowed for the ship by or under this Act, the master and owner shall. ^>^ of P^- 

sengerB on 

for every passenger over and above that number, be each punished with fine board* 
which may extend to twenty rupees, and the master shall farther be liable to 
imprisonment for a term which may extend to one week in respect of each such 
passenger : 

Provided that the aggregate term of imprisonment awarded under this 
section shall not exceed six months. 

(2) Any officer authorized in this behalf by the Local Government may 
cause all passengers over and above the number allowed by or under this Act 
to disembark and may forward them to any port at which they may have con- 
tracted to land, and recover the cost of so forwarding them from the master or 
owner of the ship as if the cost were a fine imposed under this Act, and a certi- 
ficate under the hand of that officer shall be conclusive proof of the amount of 
the cost aforesaid. 

88. If a ship carrying passengers from any port or place beyond British Penalty for 
India to any port or place in British India has on board a number of passengers wi^SS f^ 
greater either than the number allowed for the ship by or under this Act or ^^^^ ^^ 

io 6XC6BB of 

than the number allowed by the license or certificate, if any, granted in respect anthoriied 
of the ship at her port or place of departure, the master and owner shall, for ^^^^^' 
every passenger in excess of that number, be each punished with fine which 
may extend to twenty rupees. 



154 



Native Passenger Skips. 
(Chap. r.^-Penaiiiei. Sect. 39^.J 



[1887 : Act Z. 



Panftlty lor 
landing pM- 
wnger at a 
place other 
than that at 
which he has 
contracted to 
land. 



Penalty for 
maldDg 
▼oyage in 
contraven- 
tion of con- 
tract with 
passengers. 



Penalty on 
master and 
owner of cer- 
tain ships 
not propelled 
by steam. 



Penalty on 
masterof 
certain ships 
sailing with- 
out medical 
officer. 



Penalty for 
not obtaining 
bill of health 
at Aden . 



Penalty on 
master or 
medical officer 
of oertain 
ships dis" 
ob^ng 
rales. 



Penalty on 
master recelT- 
Ing passen- 
ger in con- 



89. If the master of a ship lands any passenger at any port or place other 
than the port or place at which the passenger may have contracted to land, 
unless with his previous consent, or unless the landing is made necessary by 
perils of the sea or other unavoidable accident, the master shall^ for every such 
offence, be punished with fine which may extend to two hundred rupees, or 
with imprisonment for a term which may extend to one month, or with both. 
40. If a ship, otherwise than by reason of perils of the sea or other un- 
avoidable accident, touches at any port or place in contravention of any express 
or implied contract or engagement with the passengers with respeot to the 
voyage which the ship was to make and the time which that voyage was to 
occupy, whether the contract or engagement was made by public advertisement 
or otherwise, the master and owner shall each be punished with fine which may 
extend to five hundred rupees, or with imprisonment for a term which may 
extend to three months, or with both. 

41. If a ship carrying passengers from or to any port in British India to 
or from any port in the Red Sea is not propelled principally by steam as 
required by section 25, the master and owner shall each be punished with fine 
which may extend to five hundred rupees, or with imprisonment which may 
extend to three months, or with both. 

42* If a ship carrying more than one hundred passengers from or to any 
port in British India to or from any port in the Bed Sea has not on board a 
medical oflScer as required by section 26, the master of the ship shall be 
punished with fine which may extend to five hundred rupees, or with 
imprisonment for a term which may extend to three months, or with both. 

43. If in the case of a ship to which section 27 applies the master with- 
out reasonable excuse, the burden of proving which shall lie upon him, fails 
to touch at Aden, or leaves that port without having obtained a Inll of health 
under that section, he shall, for every such offence, be punished with fine which 
may extend to two thousand rupees, or with imprisonment for a term which 
may extend to six months, or with both. 

44. If in the ease of any such ship as is referred to in the last foregoing 
section the master or the medical officer, if any, of the ship without reason- 
able excuse, the burden of proving which shall lie upon him, breaks, or omits 
or neglects to obey, any rule under this Act applicable to the ship, he shall be 
punished with fine which may extend to five hundred rupees, or with imprison- 
ment for a term which may extend to three months, or with both. 

46. If the master of a ship to which a direction under section 80 applies 
knowingly receives on board the ship any person in contravention of that sec- 
tion» he shall be punished with fine which may extend to five himdred rupees 



1887 : Aot X.] Native Patsenger Skips. 165 

(CAap. r. — Penalties, Sea. 46-60.) 

for each person bo received^ or with imprisonment which may extend to three trayention of 
monthSf or with both. "^ 

Procedure. 

46« (i) Offences against this Aot shall be punishable by a Ma^strate. Adjudication 
(2) If the person on whom a fine is imposed under this Act is the master \^^ \ly^^ 
or owner of a ship, and the fine is not paid at the time and in the manner ^^ ^l ^f : 
prescribed by the order of payment, the Magistrate may, in addition to the 
ordinary means prescribed by law for enforcing payment, direct by warrant 
the amount remaining unpaid to be levied by distress and sale of the ship, 
her tackle, furniture and apparel. 

47. For the purpose of the adjudication of penalties under this Act, JmiBdUotion. 
every offence against its provisions shall be deemed to have been committed 

within the limits of the jurisdiction of the Magistrate of the place where the 
offender is found. 

48. The penalties to which masters and owners of ships are made liable Anthorifcy to 
by this Act shall be enforced only on information laid at the instance of oeedinggfor* 
ofiicers appointed to grant certificates under this Act, or, at any port or place P^^^^^* 
where there is no such oflBcer, at the instance of the Chief Customs-officer. 

49. A Magistrate imposing a fine under this Act may, if he thinks fit, AppUcaidon 
direct the whole or any part thereof to be applied in compensating any person ^ ^^' 
for any detriment which he may have sustained by the act or default in 

respect of which the fine is imposed, or in or towards payment of the expen- 
ses of the prosecution. 

50. (i) Whenever in the course of any legal proceeding under this Act Depositions 
the testimony of a witness is required in relation to the subject-matter of ^^^J^. 
the proceeding, any deposition which he may have previously made in relation 

to the same subject-matter before any Justice or Magistrate in Her Majesty's 
dominions (including all parts of India other than those subject to the same 
Local Oovernment as the port or place where the proceeding is instituted), or 
before any British consular officer elsewhere^ shall be admissible in evidence 
on proof that the witness cannot be found within the jurisdiction of the 
Court in which the proceeding is instituted : 

Provided that the deposition shall not be admissible unless — 

(a) it is authenticated by the signature of the Justice, Magistrate or con- 
sular officer ; 
(h) it was made in the presence of the person accused ; and 
(e) the fact that it was so made is certified by the Justice, Magistrate or 
consular officer. 



1 56 Native Passenger Ships. [1887 : Aot X. 

(Chap. Vl.'^Supplemental Provisions. Sees. 51'S3.J 

(9) It shall not be necessary in any case to prove the signature or offleial 
character of the person appearing to have signed any such deposition ; and in 
any criminal proceeding such certificate as aforesaid shail^ unless the contrary 
is proTed, be sufficient evidenoe of the accused having been present in manner 
thereby certified* 

CHAPTER VI. 

SXTPPLBICBNTAL FllOVIBIONS. 

Infarmatlaii 51, (jQ The Chief Customs-officer, or other officer, if any, appointed by the 

porti of em- Local Government in this behalf, at any port or place within British India at 
tej^^n and ^hi^h a ship carrying passengers touches or arrives, shall, with advertence to 
the provisions of this Act, send any particulars which he may deem important 
respecting the ship, and the passengers carried therein, to the officer at the 
port or place from which the ship commenced her voyage, and to the officer at 
any other port or place within British India where the passengers or any of 
them embarked or are to be discharged. 

{2) The Chief Customs-officer, or other officer, if any, appointed by the 

Local Government in this behalf, at any port or place in British India at 

which a ship to which this Act applies touches or arrives, may enter on the 

ship and inspect her in order to ascertain whether the provisions of this Act as 

to the number of passengers and other matters have been complied with. 

I^«P<vt of 62. In any proceeding for the adjudication of any penalty incurred under 

this Act any document purporting to be a report of such particulars as are 

referred to in sub-section (i) of the last foregoing section, or a copy of the 

proceedings of any Court of Justice duly authenticated, and also any like 

document purporting to be made and signed by any person lawfully exercising 

consular authority on behalf of Her Majesty in any foreign port, shall be 

received in evidence, if it appears to have been officially transmitted to any 

officer at or near the place where the proceeding under this Act is had. 

Power lor 53* (1) The Governor General in Council may make rules ^ consistent with 

Qenenlin ^^ ^<2t to regulate, in the case of any ship or class of ships, all or any of the 

j2J2ia^^, following matters :— 

meat to make (a) the scale on which food, fuel and water are to be supplied to the 

passengers or to any class or classes of passengers, and the quality 
of the food, fuel and water ; ' 
{b) the medical stores and other appliances and fittings to be provided on 
board for maintaining health, cleanliness and decency ; 



I Sse NotdfleatioB No. 1864 dated 144h Maieh. 1889, Gaxette of India, 1889, Ft. I, p. 154. 



1887 : Act X.] Native PaBsenger Siipt. 157 

(Chap. 7h — Supplemental Provieions, Sees. 54S6.J 

(e) the licensing and appointment of medical officers in oases where they 

are required by this Act to be carried ; 
{d) the boats^ anchors and cables to be provided on board ; 
{e) the instraments for purposes of navigation to be supplied ; 
(/) the apparatus for the pnrpose of extinguishing fires on board and 

the precautions to be taken to prevent such fires ; 
(^) the provision of appliances for saving life and of means for making 
signals of distress, and the supply of lights inextinguishable in 
water and fitted for attachment to life-buoys ; 
{h) the functions of the master, medical officer (if any) and other officers 

of the ship during the voyage ; 
(e) the access of between-decks passengers to the upper deck ; and, 
U) generally, to carry out the purposes of this Act* 
{8) The Local Oovemment may, with the previous sanction of the Oov- 
ernor General in Council^ make rules ^ consistent with this Act to regulate, in 
the case of any ship or class of ships,— 

(a) the local limits within which, and the time and mode at and in 
which^ passengers are to be embarked or discharged at any port 
or place appointed under this Act in that behalf; and 
(ft) the time within which the ship or any ship of the class is to depart 
or proceed on her voyage after commeocing to take passengers on 
board. 
(S) In making a rule under this section the authority making it may 
direct that a breach of it shall be punishable with fine which may extend to 
two hundred rupees, and when the breach is a continuing breach with a 
further fine which may extend to twenty rupees for every day after the first 
during which the breach continues. 

{4) The power to make rules under this section is subject to the condition 
of the rules being made after previous publication. 

64, The Local Government shall appoint ' such persons as it thinks fit to ^polntment 
exercise and perform the powers and duties which are conferred and imposed 
by this Act or may be conferred and imposed thereunder. 

66« The Governor General in Council may declare, by notification ' in the Power to 
Gazette of India, what shall be deemed to be, for the purpose^ of this Act^ ghaii be 
*' seasons of fair weather'' and " seasons of foul weather/' and, for sailing- Jl^SJ^^ 
^ipsand steam-ships respectively^ a 'Hong voyage " and a '^ short (voyage "• Ciir weather 

^ For roles made under thie section for Bombay, tee Bombay List of Local Boles aod ^^y^^ * • 
Orders, Vol. I, Ed. 1896, p. cxzvi. 

' For instance of appointment made under a. 64^ see Bnrma Laws List, Ed. 1897, p. 268. 

> 8€4 KotifLoations Koe. 1856 and 2460, dated respectlTely 14th Mareh and 16th May, 1889, 
Gaiette of India, 1889, Ft. ]# pp. 161 and 287, reepeetivdy. 



Power to 
preaciibe 
■pftcetobe 
ayaiUble for 
PMsengert. 



Power to 

exempt ship 
from proyi- 
■ions^Act 



158 
(Chap, ri.' 



Native Poisenger Ships* 

'Supplemental Pfowione, Sees. 66'S7. 

repealed.) 

Eledfidty. (Preamble J 



[1887 : Aot X« 

Sehedule.'^JEnaelmeHti 

[1887 : Aot XIIL 



56. The Oovernor General in Coaneil may bj order presoribe ^ in the ease 
of any ship or class of ships and for all or any voyages the number of super- 
ficial or of cubic feet of space to be available for passengers ; and the order 
shall be alternative to^ or override^ as the Governor General in Council may 
direct/ the provisions of sections 18 and 21 so far as they apply to that ship 
or class of ships. 

57. (1) The Local Government, with the previous sanction of the Gov- 
ernor General in Council, nu^yy subject to such conditions as it thinks fit, 
exempt any ship or class of ships from any provision of this Act. 

(S) In imposing a condition under this section the Local Government may 
direct that a breach of it shall be punishable with fine which may extend to 
two hundred rupees, and when the breach is a continuing breach with a 
further fine which may extend to twenty rupees for every day after the first 
during which the breach continues. 

SCHEDULE. 

Enactments bifbalbd. 

{See eeetion 4.) 



Nomber and year. 


Title. 


Extent of repeal. 


VIII of 1876 • 
XVII of 1888 . 
•VII of 1884 . 


Native Passenger Ships Aot» 1870 
Native Passenger Ships Act, 1883 
Indian Steam-ships Act, 1884 • • 


The whole. 
The whole. 
Section 41 . 



ACT No. XIII OP 1887. • 

[11th March, 1887.1 

An Aot to provide for the protection of person and property from 
the risks incident to the supply and use of electricity for 
lighting and other purposep. 

Whebeas it is expedient to control the supply and use of electricity for 
lighting and other purposes ; 

I See Kotiflcation No. 1866, dated 14th March, 1889, Gmiette of India, 1889^ Pk I, p. 161. 

s Printed, General Aots, Vol. IV, Ed. 1898, p. 740. 

* For Statement of Ohjecto and BeaaonB, see Oazette of ln^l886, Pt. V, p. 964 ; for Report 
of the Select Committee, sMft&ul, 18S7, Pt V, p. 68; and for Proceedingg in ConDcil, #«« ibid, 
1886, Supplement, pp. 1466 and 1607, and ihid, 1887, Pt. VI, p. 87. 

Tbb Act has heen declared in force in Upper Bnrma (except the Shan States) by the Burma 
Laws Act. 1898 (Xni of 1898). 

It had been preyi( oily extended there by notification noder i. 6 of the Scheduled Districts 
Aot» 1874 (XIV of 1874), printed. General Actai Vol. II, p. 467, ne Gaiette of India^ 1891, Pt. 
I« p. 682. 



1887 : Act XIII.] Eleetridtg. 159 

(8ee9. 1-4.) 

And whereas in the existing circamstances of the supply and use of elec- 
tricity in India the exercise of that control hy means of licenses or other like 
methods may be deferred^ and it will su£Soe for the present to provide for the 
protection of person and property from the risks incident to such supply and 
use j 

It is hereby enacted as follows ;-— 

1. (i) This Act may be called the Electricity Act^ 1887. TlUe, extent 

(8) It shall extend to the whole of British India ; and menoement. 

(5) It shall come into force on the first day of July^ 1887. 

8. In this Act| unless there is something repugnant in the subject or DeflDitions. 
context^ — 

(i) ** electricity '^ includes galvanism, magnetism^ magneto-electriciiy and 
electro-magnetism : 
TTTT oi 1886. (^) expressions defined in the Indian Telegraph Act^ 1885/ have the mean- 
ings assigned to them in that Act : 

(5) " purpose '' includes any purpose except the transmission of a message : 
and 

{4) ''vessel'' includes anything used for the conveyance by water of 
human beings or of property.' 

8, In either of the following cases, namely :— Notice of 

{a) if a person intends to undertake the businei|8 of supplying .electricity^ sappiy or 

^« nse eleotfi' 

or .. 

city. 

{b) if a person intends to use electricity for any public purpose^ or in 

' any public place^ or in any place where there is likelihood of the 

public being afEeeted^ or in a place in which one hundred or . more 

persons are likely to be assembled, or in a place which is a&ctory 

XY of 1881. within the meaning of the Indian Factories Act, 1881,' 

the person shall, one week at least before commencing the supply or use, 
give notice of his intention to the District Magistrate or, in a presidency- 
town, to the Commissioner of Police. 

4. (i) The Governor General in Council may make such rules ^ as he Power to 
thinks expedient— "'*" '^®•' 

(a) for the protection of person and property from injury by reason of 
contact with, or the proximity of, appliances or apparatus used 
in the generation or supply of electricity, and 



• Printed, tvtpra, p. 11. 

• or ». 8(56), Qeneml Clanses Act, 18S7 (X of 1807), printed. General Acti, Vol VI, Kd. 1898. 

• Printed, Qenersl Acts, Vol. Ill, Ed. 1808 p. 881. 

• ^V^^ rnles made under the power conferred by thii seotion, 9U Notification No. 406, dated 
8rd December, 1897, Gaiette of India, 1897, Pt. I, p. 1112. 



160 



Penalitiet. 



Meetfieity. 
(8eei. S-6.J 



[1887 : Act Xm. 



Bzeroise for 
theparpoMf 
of the GoT- 
ernment of 
the powers of 
Ihe telegraph- 
anfchority. 



(d) for preventing telegraph-lineff from being injorously affected by any 
of those appliances or apparatus. 

(8) The mles may, among other matters^ authorize, or .empower a Local 
Government or other authority to authorize, any oflBcer, either by name or in 
virtue of his oflSce, to enter, inspect and examine any place, carriage or vessel 
in which the officer has reason to believe any such appliances or apparatus to 
be. 

(3) Any rules made in pursuance of this section shall be deemed to be 
within' the powers conferred by this section on the Oovernor Oeneral in Coun* 
cil, and shall be of the same force as if enacted by this Act. 

(4) The power to make rules under this section is subject to the condition 
of the rules being made after previous publication.^ 

6* If a person undertakes the business of supplying electricity, or uses 
electricity for any such purpose or in any such place as is referred to in 
section S, without giving the notice required by that section, or infringes any 
rule under section 4, or obstructs an officer in the exerdse of his authority 
under any such rule to enter, inspect and examine any place, carriage or vessel, 
he shall be punished with fine which may extend to five hundred rupees, and 
it he continues so to supply or use electricity or infringe the rule or obstruct 
the officer, after notice in writing to desist from so doing has been given to 
him by the District Magistrate or, in a presidency-town, by the Commissioner 
of Police, he shall be further punished with fine which may extend to one hun* 
dered rupees for every day during ' which such supply, use, infringement or 
obstruction continues. 

6. The Governor Oeneral in C!ouncil may, for the placing of appliances 
and apparatus for the supply of electricity for any purpose of the Govern- 
ment, confer upon any public officer any of the powers which the telegraph- 
authority possesses under the Indian Telegraph Act, 1886,' with respect to xniof 1886. 
the placing of telegraph lines and posts for the purposes of a telegraph estab- 
lished or maintained by the Government or to be so established or maintained* 



^ For procedare, M«now 8. 28, Oeneral Claasee Act, 1807 (X of 1887), General Acta. VoL YI, 
Ed. 1898. 

* Printed, iupra, p, 11. 



1887 : Act XIV.] Indian Marine. 161 

THE INDIAN MARINE ACT, 1887. 



CONTENTS. 



CHAPTER I. 

Pbelikinaey. 
SsonoNS. 

1. Title and commenoement. 

2. Definitions. 

S. Procedure on enrolment. 

4. General power to make rules. 



CHAPTER II. 

Ofpences and Punishments. 

Misconduct in the Presence of the Enemy, 

6. Misconduct of con^nanding officer in action. 

6. Not pursuing the enemy or not assisting a friend in view. 

7. Delaying or discouraging action or service^ or deserting post or sleep- 

ing on watch. 

8. Misconduct of subordinate officers and men in action. 

Communications with the Enemy. 

9. Corresponding, etc., with the enemy. 

10. Improper communication with the enemy. 

Neglect of Duty. 

11. Neglect of duty. 

Mutiny. 

12. Mutiny accompanied by violence. 
18. Mutiny not accompanied by violence. 
14. Inciting to mutiny. 

18. Mutinous assembly or uttering seditious words. 

16. Concealing traitorous, mutinous or seditious practice, design or words. 

17. Striking or using violence to superior officer. 

Insubordina tion, 

18. Disobedience or using threatening language to superior officer* 

Desertion and Absence toithout Leave. 

19. Desertion. 

20. Inducing any person to desert. 

VOL, V. ^ 



16> Indian Marine. [1887: Aot XIV. 

Seotiohs. 

21. Breaking out of vessel. 
29* Absence without leave. 

MUeellaneous Offences. 

28. Drunkenness on board ship or on duty. 

24. Cruelty or misconduct by officer. 

25. Suffering vessel to be lost or imperilled. 

26. Unlawful taking of goods on board. 

27. Embezzling public stores. 

28. Arson. 

29. Making false documents. 

SO. Malingering or misconduct in hospital. 

31. Creating disturbance on account of complaints. 

82. Offences to the prejudice of good order and discipline not otherwise 

specified. 

83. Not assisting in arresting offenders. 
34. Contempt of Court. 

85. False evidence. 

OffenceM punishable by ordinary Law. 

86. Offences punishable by ordinary law. 

Punishments. 

87. Schedule of punishments. 

88. Regulations as to the infliction of punishments. 

89. Scale of punishments. 

40. Limitation of time for trials. 



CHAPTER III. 

JUBISDICTION AND PoWB&S, 

41. Offenoes cognizable by Criminal Courts and Indian Marine Courts 

respectively. 

42. Power to pass sentences. 

48. Jurisdiction and powers of commanding ofiioers. 

44. Place of trial. 

45. Jurisdiction over person ceasing to be subject to Act. 

46. Case of person charged with an offence cognizable by Criminal 

Court. 

47 • Case of person charged with an offence cognizable by an Indian 
Marine Court or commanding officer. 

48. Conflict of jurisdiction. 

49. Previous conviction or acquittal. 

60. Application of Act XV of 1869 to Indian Marine Courts. 
51. Powers of Governor General in Council in respect of sentences. 



r 



1887 : Act XIV.] Indian Marine. 168 

CHAPTER IV. 
Indian Mabine Coubts. 
ConBtituiion pf the Court. 

SxonoNs. 

52. Power to oonvene Indian Marine Court. 
58. Composition of Indian Marine Court. 

Procedure at the Trial. 

54. Place of sitting of Indian Marine Court. 

55. Challenge. 

56. Oaths. 

57. Trial of oflScers and crew by one Court. 

58. Dissolution of Court on illness of prisoner. 

59. Re-trial of prisoner after dissolution of Court. 

60. Clearing Court. 

61. Decision of Court. 

62. Summoning witnesses. 

63. Summary punishment of certain contempts. 

Confirmation of Findings and Sentences. 

64. Submission of proceedings to confirming authority. 

65. Confirmation of findings and sentences. 

66. Confirming authority. 

67. Powers of confirming authority. 

Evidence. 

68. Law of evidence applicable. 

Preservation of Proceedings. 

69. Preservation of Indian Marine Court proceedings and grant of oopieB. 

Power to make Rules respecting Procedure. 

70. Power to make rules respecting procedure. 



CHAPTER V. 
Supplemental Ceiminal Peovisions. 

Procedure of Criminal Courts beyond British India. 

71. Procedure of Criminal Courts beyond British India. 

72. Arrest of offenders, 

78. Power of commanding officer. 

Execution of Sentences of Indian Marine Courts and Commanding OJtesn. 



74. Commencement of sentences of imprisonment. 

75. Execution of such sentences. 



V2 



164 Indian Manne. [1887 : Aot ZIV. 

(Freamhle,) 

Satnngi. 
Sbotions. 

76. Saving^ of authority of ordinary Courts. 

77. Minor punishments. 

Amendment of Aete. 

78. [Repealed*'] 

79. Amendments of Chapter VII of the Penal Code (Offences relating to 

Army and Navy). 

CHAPTER VI. 

Provisions of Civil La.w. 

Exemption from Procesi. 

80. Exemption from arrest for debt. 

81. Property which cannot be attached. 

Property of Deceased Persons and Deserters. 

82. Disposal of property of deceased persons and deserters. 

ACT No. XIV OP 1887.^ 

[30ti June, 1887.'] 

An Act for the better administration of Her Majesty's Indian 

Marine Senrioe. 

Whsbsas by the Indian Marine Service Act^ 1884^ it is^ among other ^7 & 48 Viot, 
things, enacted that the Governor General of India in Council shall have 
power^ subject to the provisions contained in the Indian Councils Aot, 1861,' 24 & 26 Vlot., 
as amended by subsequent Acts, at meetings for the purpose of making kws 
and regulations, to make laws for all persons employed or serving in, or be* 
longing to, Her Majesty's Indian Marine Service : 
Provided that — 
(a) a law made under that power shall not apply to any offence unless the 
vessel to which the offender belongs is at the time of the commission 
of the offence within the limits of Indian waters, which are defined 
by the said Indian Mariue Service Act to include the high seas 
between the Cape of Good Hope on the west and the Straits of 
Magellan on the east, and all territorial waters between those 
limits ; aud 

1 For Statemeot of Objects and Beaaons, tee Qazette of India, 1887, Ft. Y, p. 88 ; for Keport 
of the Select Committee, see ibid, p. 67 ; and for Proceedings in Council, ue iM, Pt. YI, pp. 18, 

16 and 46. , , 

Tins Aot haa been declared in force in Upper Bnrma (except the Shan States) by the Burma 

Laws Act, 1898 (XlII of 1898). 

It bad been previously extended there, by notification under s. 6 of the Scheduled Districta 
Aet, 1874 (XIV of 1874), printed, General Acts, Vol. II, Ed. 1898, p. 467, He Qasette of India, 
1891, Pt. I, p. 688. 

s Printed, Col)eeHon of Statutes relating to India,^ ^d, 1881, VoL II, p. 695, 



1887 : Act XIV.] Indian Marine. 165 

(Chap. I.'^ Preliminary, Sea. 1^2. ) 

{b) tbe pnmBbments imposed by any each law for offences sball be similar 

in characfcer tOj and sball not be in excess of, tbe punishments whioh 

may at tbe time of making tbe law be imposed for similar offences 

nnder tbe Acts relating to Her Majesty's Navy, except that in the 

case of persons other than Europeans or Americans imprisonment 

for any term not exceeding fourteen years^ or transportation For 

life or any less term, may be substituted for penal servitude j 

And whereas it is further provided by the said Indian Marine Service Act 

that subject to tbe provisions of that Act a law made thereunder shall be of 

the same force and effect as an Act of Parliament and shall be taken notice of 

by all Courts of Justice in the same manner as if it were a Public Act of 

Parliament ; 

And whereas in pursuance of the power thus conferred and of all other 
powers vested in the Governor General in Council in this behalf it is expedient 
to make such laws as are mentioned in the said Indian Marine Service Act 
and to make provision in other particulars for the proper regulation of, and 
otherwise in relation to^ the Indian Marine Service ; 

And whereas tbe Secretary of State for India in Council has given his 
previous approval to the passing of this Aot ; 
It is hereby enacted as follows : — 

CHAPTER I. 
Prblixikart. 

1, {!) This Act may be called tbe Indian Marine Aot, 1887 ; and Titteiod 
(8) It shall come into force on such date as the Governor General in JSSJS*"^*" 

Council may, by notification in the Gazette of India, appoint in this behalf.^ 

2. (i) In this Act, unless there is something repugnant in the subject or D^flnttioiit, 
context,— 

(a) '^person subject to this Aof means a person who is employed or 
serves in, or belongs to, the Indian Marine Service, and who, if he 
is not a gazetted officer, has been enrolled in that service in the man- 
ner provided by this Act : 

if) ** gazetted officer '' means a person who by virtue of his letter of ap- 
pointment is holding a position in the Indian Marine Service as*-* 



CommaDder, 


Chief engineer. 


First grade officer, 


Engineer, 


Second grade officer, 


Assistant engineer, or 


Third grade officer, 


Clerk : 



^ The Aot came into force on 16th October, 1887, §§• Gazette of India, 1887, Pi I, p. (KXX 



1«6 Indian. Manne. [1887 : Act XIV. 

(Chap. L-^ Preliminary, See. 2.) 



{e) ''.warrant-officer " meanB a person who by yirtne of his appointment 
is holding a position in the Indian Marine Service as— 

Enjpne-diiyer, first olaas, 

Cftrpenter, 

Hospital asButant, or 

General mesa steward : 



Gunnery 
Apotheoary, 
Assistant apotheoaiy, 
Assistant olerk. 



(d) ** petty officer *^ means a person who by virtne of his appointment is 
holding a position in the Indian Marine Service 



Tindal of lascara, first olaas, 
Tindal of lascars, second class, 
Tindal of sto^kers, first class, 
Tindal of stokers, second clsss^ 
Eassaub, first class, 
Kassanb, second class, or 
Cook on a salary of less than fifty 
rupees per mensem : 



Chief syrang, first class, 
Chief syrang, second olass, 
Ship's steward, 
EDgine-driYcr, second class. 
Cook on a salary of not less 
than fifty rupees per mensem, 
General mess butler, 
Syrang of lascars, first class, 
Syrang of lascars, second class, 

{e) '* superior officer '\ used with reference to an officer of a rank mentioned 
in danse {b)y clause (e) or clause (d) of this sub-section, means an 
officer of a rank mentioned before his in any of those clauses, and 
used with reference to any other person subject to this Act, means an 
officer mentioned in any of those clauses : 

(/) '^ commanding officer '^ means the officer in command of a vessel, 
whether by special appointment or by the rules or customs of the 
service, and includes, as regards any persons subject to this Act who 
are employed otherwise than on board the vessel to which they be- 
longi such officer, if any, as the Governor General in Council appoints, 
instead of the commanding officer of that vessel, to discharge the 
functions of commanding officer with respect to those persons : 

{g) '* enemy '' includes a pirate or rebel : 

(A) *^ Indian Marine Court '' means an Indian Marine Court held under 
this Act: 

(f) ** Criminal Court'' means a Court having ordinary criminal jurisdic- 
tion in British India or such a Court established elsewhere by the 
authority of the Governor General in Council : and 

{j) ^' prescribed " means prescribed by rules made by the Governor 
General in Council. 
1(2) The Governor General in Council may, by notification in the Gazette 



^ Sub-B. (;0) of s. 8 was snbstitnted for the original tab-ieotion by the Indian Marine Act, 1888 
QLVn of 1888), €60 Utfra, p. 267. 



18d7: AetXiV.] Indian Marine. 167 

(Chap, L'^^Preliminary* Sees. 8^. Chap. II. — Offeneee and Punieiments. 

See. 5.J 

of India^ vary any of the definitions^ in olansee {b), (e) and (d) of sab-seotion 
{1) as occasion may appear to him to require, and the references to those 
clauses in the definition of the expression *' superior officer ^' in clause {e) of 
that subHSiection shall be construed to be references to them as varied by any 
notification published under this sub-section and for the time being in force. 

3. (2) A person to be enrolled in the Indian Marine Service shall be Frooedore 
brought on to the quarter-deck or other suitable place on board ship or on Sent?'''^' 
shore^ and the commanding or other prescribed officer shall then-— 

(a) cause to be read and explained to him the rules of the service, 

{h) administer to him an oath of allegiance^ and 

{e) cause him to sign a roll. 

{2) The rules^ oath and roll shall be in prescribed forms. 

4. In addition to any other rules ' which may be made under this Act^ the Geoenl 
Oovemor Oeneral in Council may, by notification in the Gazette of India, SSL'^«i. 
make rules consistent with this Act for the guidance of officerSj whether mili- 
tary, Indian Marine, civil or political, in all matters connected with its 
enforcement. 

CHAPTER IL 

OmNOBS AND PUNISHIODTTS. 

Miteenduet in the Presence of the Enemy. 
h. If a commanding officer— Mltoondnek 

(i) upon signal of battle, or on sight of a vessel of an enemy which it is l^J^^^^ 

his duty to engage, does not use his utmost exertion to bring his *^<">* 

vessel into action, or 
(ii) does not during an action, in his own person and according to his rank, 

encourage his inferior officers and men to fight courageously, or 
(iii) when capable of making a successful defence, surrenders his vessel to 

the enemy, or 
(iv) in time of action improperly withdraws from the fight, 

he shall,— 

(a) if he has acted from cowardice, suffer penal servitude or saoh other 

punishment as is hereinafter mentioned ; 

(b) if he has acted from negligenoe, or through other default, be dis- 

missed with disgrace from the Indian Marine Service or suffer such 
other punishment as is hereinafter mentioned. 

^ For notifioation mrying the deBnitlons of "gazetted officer, ** ** wamnt officer'' and ^ petty 
officer'' indansef (&), (o) and (<Q of snb-t. (1), tM Gazette of India, 1888, Pt. I, p. 612. 
* for mlec under c 4, fM Gaiette of India, 1887, Pt. I, p. 661. 



^.1 



168 



Indian Marine* [1887 : Act XIV. 

fCiap. II. — 0ffene$9 and Punishments. Sees. 6-10.) 



Hoipartnisg 
the enemy 
or notiMifi- 
ing a friend 
in Tieir. 



Delaying or 
diiconiaging 
action or 
■errioey or de* 
eeiiingpoet 
or sleeping 
on watch. 



Ifiieondnct 
of rabordin- 
ate officers 
and men in 
action. 



Correspond- 
ilig» etc., with 
the enemy. 



Inpnpef 
oommnniea* 



6* If any officer sabjeot to this Act — 
(i) forbears to parsue the chase of any enemy beaten or flying, or 
(ii) does not relieve and assist a known friend in view to the ntmoet of 
his power, or 

(iii) improperly forsakes his station, 
he shall,-— 

(a) if he has acted from oowardioe, suffer penal serritade or sadh other 

punishment as is hereinafter mentioned; 

(b) if he has acted from negligence, or through other deEault, be dis- 

missed with disgrace from the Indian Marine Service or suffer soeh 
other panishment as is hereinafter mentioned. 
7« If any person sabject to this Aot,«^ 
(i) when any action or service is oommanded, presames to delay or dis* 

courage the action or service upon any pretence whatever, or 
(ii) in the presence or vicinity of the enemy deserts his post or sleeps 

upon his watch, 
he shall suffer penal servitude or sueh other punishment as is hereinafter 
mentioned. 

8* If any person subject to this Act, other than a commanding officer, 
does not, when ordered to prepare for action, or daring an action, use his 
utmost exertion to carry the orders of his superior officer into exeoation, he 

shall,— 

(a) if he has acted from cowardice, suffer penal ^servitude or such other 
punishment as is hereinafter mentioned ; 

(8) if he has acted from negligence, or through other default^ be dis- 
missed with disgrace from the Indian Marine Service or suffer 
such other punishment as is hereinafter mentioned. 

Cemmunications witk ike Bnemjf. 

0» If any person subject to this Act^- 
(i) treacherously holds correspondence with or gives intelligence to the 
enemy, or 

(ii) fails to make known to the proper authorities any information which 
he may have received from the enemy, or 

(iii) relieves the enemy with any supplies, 

he shall suffer penal servitude or such other puliishment as is hereinafter 
mentioned. 

10. If any person subject to this Act holds, without any treacherous inten- 
tion, any improper communication with the enemy, he shall be dismissed 



1887 : Act XIVJ Indian Marine. 169 

(Chap. Il.'^Offenees and Puniahntentu Sees. ll'^lG.) 

with disgprace from the Indian Marine Service or Buffer Buoh other punish- ^^ ^*^ ^® 
ment as is hereinafter mentioned. 

Neglect of Duty. 

11, If a person subjeot to this Act deserts his post or sleeps upon his Neglect d 
watch, or negligently performs the duty imposed od him^ he shall suffer ^ ^' 
imprisonment or such other punishment as is hereinafter mentioned. 

Mutiny. 

12* Where a mutiny is accompanied by violence^ a person subject to this Mntiny ao 
Act who joins therein shall suffer death or such other punishment as is byvioleDoe 
hereinafter mentioned ; and 

a person subject to this Act who does not use his utmost exertions to sup- 
press the mutiny shall,— 

(a) if he has acted traitorously, suffer death or such other punishment as 

is hereinafter mentioned ; 

(b) if he has acted from cowardice, suffer penal servitude or such other 

punishment as is hereinafter mentioned ; 
(e) it he has acted from negligence, be dismissed with disgrace from the 
Indian Marine Service or suffer such other punishment as is 
hereinafter mentioned. 
13* Where a mutiny is not accompanied by violence, a ringleader thereof^ Mutiny not 
being a person subject to this Act, shall suffer death or such other punishment by^eiuse/ 
as is hereinafter mentioned ; and all other persons subject to this Act who join 
in the mutiny, or do not use their utmost exertions to suppress it, shall suffer 
imprisonment or such other punishment as is hereinafter mentioned. 

14. A person subject to this Act who endeavours to seduce any other indting to 
person subject to this Act from his duty or allegianoe to Her Majesty, or °^^^^°y* 
endeavours to incite him to commit any act of mutiny, shall suffer death or 
such other punishment as is hereinafter mentioned. 

15i A person subject to this Act who makes or endeavours to make any Mntinons 
mutinous assembly, or leads or incites any other person to join in any muti- ^'^^^^y ^ 

nttoringf 

nous assembly, or utters any words of sedition or mutiny, shall suffer penal seditioas 
servitude or such other punishment as is hereinafter mentioned. ^ ^ 

16* A person subject to this Act who wilfully conceals any traitorous or Concealing 
mutinous practice or design, or any seditious or mutinous words spoken ^'^^'^■> 

'^ . r" xnutinons or 

against Her Majesty, or any practice, design or words tending to the hindrance ieditioos 
of the service, shall suffer penal servitude or such other punishment as is ^^gn or 
hereinafter mentioned. wmda. 



or 

nringTio- 
lenee to 
•nperior 
officer. 



IMsobedienoe 
or Qung 
threatening 
language to 
saperior 
officer. 



Desertion. 



Inducing any 
penon to 
deeert. 



Breaking ont 
of veeeel. 



Abienoe 
without 
leaTc. 



^^^ ' Indian Marine. [1887 : Act XIV. 

fCkap. IL.^0ffenee9 and Pnnisimenis, 8ee9. 17^22.) 

11. A persou subject to this Act who strikes or attempts to strike, or uses 
or attempts to use any violeDce against, his superior officer, being in the exe- 
cution of his office, or otherwise, shall be dismissed with disgrace from the 
Indian Marine Service or suffer such other punishment as is hereinafter men- 
tioned. 

Imuhordination. 
18. A person subject to this Act who wilfully disobeys any lawful com- 
mand of his superior officer, or uses threatening or insulting language, or 
behaves with contempt, to his superior officer, shall be dismissed with disgrace 
from the Indian Marine Service or suffer such other punishment as is herein- 
after mentioned. 

Desertion and Absence mthotU leave. 
10. A person subject to this Act who«^ 
(i) absents himself from his vessel or from the place where his duty 
requires him to be, with the intention of not returning to that 
vessel or place ; or 
(li) at any time and under any circumstances, when absent from his 
vessel or place of duty, does any act which shows that he has an 
intention of not returning to that vessel or place ; 
shall be deemed to have deserted, and shall suffer penal servitude or 
such other punishment as is hereinafter mentioned ; 

and in every such case he shall forfeit all pay, bounty, salvage, prize-money 
and allowances which may have been earned by him, and all annuities 
pensions, gratuities, medals and decorations which may have been granted 
to him, and also all clothes and effects which he may have left on board the 
vessel or at the place from which he has deserted, unless it is otherwise 
directed by the Court by which he is tried or by the Governor Oeneral 
in Council. 

20. A person subject to this Act who endeavours to seduce any other 
person subject to this Act to desert shall suffer imprisonment or such other 
punishment as is hereinafter mentioned. 

21. A person subject to this Act who, without being guilty of desertion, 
improperly leaves his vessel or place of duty shall suffer imprisonment or 
such other punishment as is hereinafter mentioned. 

22* A person subject to this Act who, without being guilty of desertion 
or of improperly leaving his vessel or place of duty, is absent without leave 
shall suffer imprisonment for any period not exceeding ten weeks or such 
other punishment as the circumstances of the case may require. 



1887: Act XIV.] Indian Marine. 171 

(Chap. IL'^0ffence9 and Punishments. Sees. 23^29.) 

Miscellaneous Offences. 

23* A person subject to this Act who is guilty of any drunkenness on ^^TjJ^^^ 
board ship or on duty shall be dismissed with disgrace from the Indian or on du^. 
Marine Service or suffer such other punishment as is hereinafter mentioned. 

24. An officer subject to this Act wbo is guilty of cruelty, or of. any ^JJ^^^ 
scandalous or fraudulent conduct, or of any other conduct unbecoming the by officer, 
character of an officer, shall be dismissed with disgrace from the Indian 
Marine Service or suffer such other punishment as is hereinafter mentioned. 

25. A person subject to this Act who designedly or negligently, or by any Snifering 
default, loses, strands or hazards, or suffers to be lost, stranded or hazarded lott or im- 
any vessel of the Indian Marine Service, shall be dismissed with disgrace ^^^^ 
from the Indian Marine Service or suffer such other punishment as is herein- 
after mentioned* 

26. An officer in command of an Indian Marine vessel who receives F?|*^^ 

tacng of , 

on board| or permits to be received on board, the vessel, any goods or merchan- goods on 
disc whatsoever, other than for the sole use of the vessel, except gold, silver or 
jewels, and except goods and merchandise, belonging to any merchant 
or on board any vessel which may be shipwrecked or in imminent danger 
either on the sea or in some port, creek, harbour or river, for the purpose 
of preserving them for their proper owners, or except such goods or merchant 
dise as he may at any time be ordered to take or receive on board by order of 
the G-ovemment or his superior officer, shall be dismissed from the Indian 
Marine Service or suffer such other punishment as is hereinafter mentioned. 

27. A person subject to this Act who wastefully expends, embezzles or B™beiriing 
fraudulently buys, sells or receives any ammunition, provisions or other public 

stores, or knowingly permits any sucb wasteful expenditure, embezzlement or 
fraudulent purchase, sale or receipt^ shall suffer imprisonment or such other 
punishment as is hereinafter mentioned. 

28. A person subject to this Act who unlawfully sets fire to any dockjrard, 
victualling yard, steam-factory yard, arsenal, magazine, building or stores, oi 
to any ship, boat or other craft or furniture thereunto belonging, not being 
the property of an enemy, shall suffer penal servitude or such other punish- 
ment as is hereinafter mentioned. 

20, A person subject to this Act who knowingly makes or signs a false Making falie 
muster or record or other official document, or who commands, counsels or pro- ™^^ 
cores the making or signing thereof, or who aids or abets any other person in 
the making or signing thereof, shall be dismissed with disgrace from 



172 



Indian Marine. [1887 : Aot XIV. 

(Chap. Il.^^Offeneei and Punisimenti. Sees. 30-3S.) 



Malingering 
or mUcondnct 
in hospital. 



Creating dis* 
tnrbance on 
aooonnt of 
oomplunts. 



Offences to 
the prejudice 
of good order 
and discipline 
not otherwise 
specified. 



Kot assisting 
in arresting 
offenders* 



Contempt of 
Conrt. 



False 6?i- 
denoa. 



the Indian Marine Service or suffer such. other punishment as is hereinafter 
mentioned. 

30. A person subject to this Aot who wilfully does any aot or wilfully 
disobeys any order^ whether in hospital or elsewhere^ with intent to produce or 
^0 aggravate any disease or infirmity or to delay his oure^ or who feigns any 
disease^ infirmity or inability to perform his duty^ shall suffer imprisonment or 
such other punishment as is hereinafter mentioned. 

31. A person subject to this Act who has any cause of complainti either 
upon the ground of the unwholesomeness of the victuals or upon any other 
ground^ shall quietly make the same known to his commanding o£Scer, 
and that officer shall inquire into the complaint and shall, as far as he is ablcj 
cause the same to be presently remedied, or shall report the case to the 
Director of Marine ; and any person subject to this Act who, upon any 
pretence whatever, attempts to stir up any disturbance on any such ground 
shall suffer imprisonment or such other punishment as is hereinafter 
mentioned. 

32* A person subject to this Act who is guilty of any act, disorder or 
neglect, to the prejudice of good order and discipline, not hereinbefore 
specified, shall be dismissed with disgrace from the Indian Marine Service or 
suffer such other punishment as is hereinafter mentioned : 

Provided that, if such act, disorder or neglect constitutes an offence 
punishable under the law of British India with imprisonment for a term which 
may exceed seven years, the person guilty thereof shall not be tried under this 
Act as for an offence punishable under this section. 

33* A person subject to this Act who does not use his utmost exertion to 
detect, arrest and bring to punishment all offenders against this Act, and 
does not assist the officers appointed for that purpose, shall suffer imprisonment 
or such other punishment as is hereinafter mentioned. 

34. A person subject to this Act, who, being duly summoned or ordered to 
attend as a witness before an Indian Marine Court or a commanding ofiioer 
exercising jurisdiction under this Act, or to produce any document in his 
power or control before such a Court or officer, refuses or neglects to attend to 
give his evidence upon oath or to produce the document, or behaves with con- 
tempt to the Court or officer, shall suffer imprisonment which may extend to 
three months in the case of such refusal or neglect and to one month in the 
case of such contempt. 

35* A person subject to this Act who, when examined on oath before an 
Indian Marine Court or a commanding officer exercising jurisdiction under 



1887 : Act XIV.] Indian Marine. 173 

(Chap. JL'^Offenees and PunishmenU' Sees. 36^.) 

this Act, intentionally gives false evidence^ shall suffer imprisonment for a 
term which may extend to seven years. 

OffeneeM funisAable bf Ordinary Law, 

86. If a person subject to this Act is guilty of any criminal offence which Offences 
if committed in British India would be punishable by the law of British ^nary ki? 
India^ he shalli subject to the other provisions of this Act^ be liable to the 
same punishment as might for the time being be awarded in British India by 
any ordinary criminal tribunal competent to try him if the offence had been 
committed in British India : 
4ar&48VlBt» Provided that^ except as authorized by the Indian Marine Service Act^ 
^ ^ 1884^ and by this Act, the punishment awarded for the offence shall not be 

dissimilar in charapter to or in excess of the punishment which may at the 
time of the passing of this Act be imposed for a similar offence under the 
• Acts relating to Her Majesty^s Navy. 

PunisAments. 

37* (i) The following punishments may be inflicted under this Act :— « Sohedale of 
(«) death ; puniriunenta. 

[b) penal servitude ; 

{c) dismissal with disgrace from the Indian Marine Service ; 

{d) imprisonment; 

{e) dismissal from the Indian Marine Service ; 

(/) loss of seniority as an officer for a speciGed time or otherwise ; 

{ff) dismissal from the vessel to which the offender belongs ; 

{h) severe reprimand, or reprimand ; 

({) disrating a warrant-officer or petty officer or any other person below 
that rank ; 

(J) forfeiture of pay, bounty, salvage, prize-money and allowances earned 
by, and of all annuities, pensions, gratuities, medals and decorations 
granted to, the offender, or of any one or more of the above particu- 
lars ; also, in the case of desertion, of all clothes and effects left by 
the deserter on board the vessel to which he belongs. 

{2) Each of the above punishments shall be deemed to be inferior in degree 
to every punishment preceding it in the above scale. 

38. The following regulations shall apply to the infliction of punish. Regulfttlon* 

ments S — m to the in- 

^ flicUon of 

(I) The punishment of penal servitude may, except when otherwise P^""^^*^ 



174 Indian Marine. [1887 : Aot XIV 

(Ckaf. Il^^Offeneei and Punisimenii. Sea. Bd^4D.) 

provided fay this Act, be inflioted for the tenn of life or for anj other term 
not less than fonr years. 

(2) Id the case of persons other than Europeans or Americans^ transporta- 
tion for life or for any term not less than four years^ or imprisonment for any 
term not exceeding fourteen years^ shall be substituted for penal servitude. 

(S) The punishment of penal servitude or of transportation, or of imprison, 
ment for more than two years when substituted for penal servitude under the 
provisions of this Act, shall in all cases involve dismissal from the Indian 
Mariue Service, with or without disgrace^ as the prescribed authority may 
direct. 

(^) Dismissal with disgrace shall involve in all cases forfeiture of all pay, 
bounty, salvage, prize-money and allowances earned by, and of all annuities, 
pensions, gratuities, medals and decorations gmnted to, the offender, and an 
incapacity to serve the Government again in any capacity. 

(5) A sentence of dismissal with disgrace may in any case be accompanied 
by a sentence of imprisonment. 

(ff) Except as otherwise provided by this Act, a sentence of impiisonment 
passed otherwise than under clause {^) of this section may extend to two yeara. 

(7) A sentence of imprisonment may be accompanied by a direction that 
the imprisonment shall be rigorous for the whole or any part of the term 
thereof. 

(8) When a sentence of imprisonment is passed on a warrant-officer or 
petty officer or any other person below that rank, it may be accompanied by a 
direction disrating the officer or person. 

(d) A sentence of imprisonment shall in all cases be accompanied by 
forfeiture of pay and allowances during the imprisonment. 

Scale of SO* Subject to the foregoing regulations and the other provisions of this 

pozkiBbmen ^^^^ where any punishment is specified by this Act as the penalty for an 

offence, and it is further declared that another punishment may be awarded in 
respect of the same offence, the expression '^ other punishment ^^ shall be 
deemed to comprise any one or more of the puniEhments inferior in degree to 
the specified punishment according to the scale set forth in section 87. 

Limitatioii of 40« No person, unless he is an offender who has avoided arrest or fled 
trials. from justice^ shall be tried or punished in pursuance of this Act for any 

offence committed by him unless the trial takes place within three years from 
the commission of the offence, or within one year after the retnrn of the 
offender to British India when he has been absent from British India daring 
that period of three yearg. 



1887 : Act XIV.] Indian Marine. 

(dap, Ill.—JitritcUetum and Powen. See. 41.) 



176 



CHAPTER III. 

JUKISDIOnON Aim PowiBS. 

41. Subject to the provisiooB of ibis Act, and, as respects Criminal Courtfl, ^^.^ff^ 

subject to the law relating to criminal procedure for the time being ^ applicable Criminal 

to those Courts, Criminal Courts and Indian Marine Courts or both shall have i^^aii Marina 

jurisdiction in respect of the offences punishable under this Act as specified in ^]^^*»5®" 
the following table :— 



SMtion of this Act. 



Section 



If 



M 



Marginal note. 



5 
6 



8 



»> 


9 


$9 


10 


ft 


11 


n 


12 


H 


18 


39 


U 


n 


15 


»9 


16 


M 


17 


Jf 


18 


M 


19 


n 


20 


9$ 


21 


99 


22 


M 


23 


1> 


24 


»» 


26 


»> 


26 


19 


27 


»» 


28 


t» 


29 


»» 


30 


» 


31 


ff» 


82 


M 


33 


n 


34 


99 


85 


»» 


86 



Misoondnct of commasding officer in action. 
Not pursuing the enemy or not asmsting a 

friend in view. 
Delaying or discouraging action or servioe 

or deserting post or sleeping on watch. 
Miscondnct of subordinate officers and men 

in action. 
Corresponding, etc., with the enemy 
Improper communication with the enemy 
Neglect of duty .... 
Mutiny accompanied by violence • 
18 Mutiny not accompanied by violence 
Inciting to mutiny 
Mutinous assembly or uttering seditions 

words. 
Concealing traitorous, mutinous or seditions 

practice, design or words« 
Striking or using violenoe to superior offioer 
Disobedience or using threatening language 

to superior officer. 

Desertion 

Inducing any person to desert • 

Breaking out of vessel . • 
Absence without leave . 
Drunkenness on board ship or on duty 
Cruelty or misoonduet by officer 
Suffering vessel to be lost or imperilled 
Unlawful takine of goods on board 
Embezzling pubUo stoies • • 
Arson • • • • • 

Making false documents • 

Malingering or miscondnct in hospital 
Creating disturbance on account of com 

plaints. 
Offences to the prejudice of good order and 

discipline not otherwise specified. 
Not assisting in arresting ofEendera 
Contempt of Court • • • . 

False evidence • • • • , 

Offences punishable by ordinary law • 



Gonits having Jnrisdietion. 



Criminal Courts and 
Indian Marine Courts. 



Indian Marine Courts. 



I- 



Criminal Courts and 
Indian Marine Courts. 



> Indian Marine Courts. 

> Criminal Courts and 
5 Indian Marine Courts. 



Indian Marine Conrta. 



? Criminal Courts and 
\ Indian Marine t^ourta. 



Indian Marine Courts. 

f Criminal Courts and 
C Indian Marine Courts. 

Criminal Oourta. 



S%t now the Code of Criminal Frooednre^ 1898 (Act V of 1898). 



176 



Power to paw 
senienoes. 



Jurifldiotion 
ftnd powers 
of oomnuuidp 
ingoffioers. 



Place of triaL 



JuriBdieHon 
oyer person 
oearing to be 
subject to 
Act 



CSase of per- 
son cbarged 
witb an 
offence oog- 
niiable by a 
Criminal 
Conrt. 



Case of per- 
son charged 
witb an 
offence cog- 
nisable by an 
Indian Marine 



Indian Marine. [1887 : Aot XIV« 

{dap. IIL — Jurisdiction and Powers. Sees. 48^.J 



42. Subject as aforesaid— 
{a) a Criminal Conrt may pass a sentence of death^ penal senritadef 

transportation or imprisonment ; and 
(3) an Indian Marine Court maj pass any sentence authorized] by tliis 
Act except a sentence of deaths penal servitude or transportation or 
of imprisonment for a term exceeding^ two years* 
48* (t) An offence triable by an Indian Marine Court and committed by 
a person other than a gazetted officer may^ under such reguUtions as the 
Governor Oeneral in Council may make, be summarily tried and punished by 
the commanding officer of the offender. 

{2) Subject to the provisions of this Act and to such restrictions as the 
Oovernor General in Council may impose, a commanding officer may pass 
a sentence of imprisonment for a period not exceeding three months on an 
offender below the position of petty offioer, and may disrate any warrant 
officer or petty officer or any other person below that rank. 

44. A person subject to this Act who is accused of an offence to which 
this Act applies may be tried and punished for the offence by a Criminal 
Court in any place where he may happen to be in the same manner as if the 
offence had been committed in that place. 

45. Where such an offence has been committed by any person while 
subject to this Act, he may be taken into custody and be tried and punished 
for the offence, although he has ceased to be subject to this Act, in like 
manner as he might have been taken into custody and tried and punished if 
he had continued to be so subject. 

46. When a person subject to this Act is accused of an offence in respect 
of which a Criminal Court has jurisdiction over him under this Act or other- 
wisCi the following rules shall apply, namely :*^ 

(a) any person subject to this Act shall, on application made to him by 

the Court, assist in arresting and securing the accused, and the 

commanding officer shall, if so required by the Court, deliver the 

accused to the Court ; 

{b) when no requisition is made under clause (a), the commanding officer 

may, if he thinks fit, place the accused in custody with a view to 

delivering him up to such Criminal Court as appears to him most 

convenient in all the circumstances of the case. 

47« When a person subject to this Act is accused of an offence in respect 

of which an Indian Marine Court or a commanding officer has jurisdiction 

under this Act, and that person is within the jurisdiction of any civil, political 

or police officer, that officer shall, upon an application to that effect made to 



1887 : Aet ZIVJ Indian MaHne. 177 

(Clap. IIL-^JurisdicUon and Powers. 8ee$. 4841LJ 

him by the oommanding oflSoer of that person or any presoribed authority, aid |^ ^J^. 
in the arrest of the person and deliver him when arrested into saoh costody as oftoer. 
the commanding officer or the prescribed authority may require. 

48. When an Indian Marine Court or oommandine officer under this Act, ^^^^^^ 
and a Criminal Court under this Aot or otherwisei have concurrent junsdic* 
tion in respect of an offence, and there is a difference of opinion as to the tri- 
bunal before which the person accused of the offence should be proceeded 
againsti either tribunal shall, on the requisition of the other, stay proceedings 
pending a reference to the Governor General in Council, whose order as to the 
tribunal before which the proceedings are to be had shall be final. 

49« An offender shall not be tried by an Indian Marine Court or by his Prerleai 
commanding officer for any offence of which he has been convicted or aoqnit- MqnittftL 
ted by a Criminal Court or an Indian Marine Court or, in exercise of the . 
powers conferred by section 48, by his commanding officer. 

50. Where a person liable to be tried by an Indian Marine Court under Apptteatloa of 
this Act is in confinement in pursuance of a sentence of a Criminal Courts the is69 to 
Director of Marine or other prescribed authority may make an order in the ^jj^^'*'^* 
XT el 1809. form in Schedule B to the Prisoners' Testimony Act, 1869,^ directed to the 

officer in charge of the place in which the person is confined, and the provi- 
sions of that Act with respect to compliance with any order made thereunder 
shallj so far as they can be made applicable, apply in the case of any order 
made under this section. 

* 51. The Governor General in Council may suspend, annul or modify any Powert of 
sentence passed by an Indian Marine Court on a commanding officer under QenenOia 
this Act, or substitute a punishment inferior in degree for the punishment ^^^"^^^^ 
'nvolved m any such sentence, or remit the whole or any portion of the sentcnew. 
punishment involved in any such sentence, or remit the whole or any portion 
of any punishment into which the punishmeot involved in any such sentence 
has been commuted ; and any sentence so modified shall, subject to the provi- 
sions of this Act, be valid, and shall be carried into execution as if it had 
been originally passed with such modification by the Court or officer, but so 
that the punishment involved in any sentence be not increased lyy any snob 
modification. 

> Priatedlp Qencfsl ieti, VeL II, Rd. 1896, p. 103. 



TQL* T« 



178 



/mKm Jr«r»M. [1887 : Act XIV . 

(Chap. IVi— Indian Marine Conrtt. Sect, 63-68.) 



to 

oohtcolo 
Indian 
Marine 
Court 



Compodtion 
cf Indian 
Marine 
Coori. 



CHAPTER IV. 
Indian Marine Goxtsts. 
Constitution of the Court. 

5S« {I) ThefoUowiog aathorities shall have power to oonTene Indian 
Marine Conrts, namely :-« . 

(a) the Governor General in Council ; 
{b) the Director of Marine ; 

(o) an officer empowered in that behalf by warrant d the Gk>yemor 
General in Conncil : 

Provided that an Indian Marine Conrt assembled for the trial of a 
gazetted officer shall be convened only by^ or with the previous sanction 6t, 
the Governor General in Council • 

[8) When a ship or ships is or are detached on separate service, and when 
immediate example is necessary, and without detriment to the public service 
reference cannot be made to superior authority, the officer in command of the 
ship or ships may, without warrant, convene an Indian Marine Court for the 
trial of any person under his command being subject to this Act and below 
this rank of a gazetted officer. 

53. (/) An Indian Marine Court shall conrist of a president and not less 
than two or more than four other members of rank not inferior to that of first 
grade officer as may be ordered by the convening authority : 

Provided that an Indian Marine Court convened under section 62, sub-*" 
section {3), may be composed of the officer convening the same as president 
and the two graded officers next in seniority available for the duty. 

(8) The president of an Indian Marine Court for the trial of a commander 
shall always be a commander, and two at least of the other officers composing 
the Court shall be i^ommauders. 

^ (8) The president of an Indian Marine Court for the trial of any person 
below the grade of commander, except an Indian Marine Court convened under 
section 52, sub-section (2), shall be a commander. 

{4) A person acting as propecutpr shall not be a member of the Court.. 

(5) An officer convening an Indian Marine Court shall not sit thereon 
except as permitted by the proviso to sub-secrion (1), 

(6) The president and the othcft members of every Indian Marine Conrt 
shall be named by the authority convening the' same. 

(7) When an Indian Marine Court, after the commencement of the trial 
is reduced to a less number than three members, it shall be deemed tto be dis* 
solved. 



1889 :^ot XIV.] ImditM Marine. 179 

(Chap. IV. — Indian Marine Coarte. See*. 54-58.) 

(6) In the case of the death or imavoidable abeenoe of the president of an 
Indian Marine Courts the next senior member of the Courts if qualified under 
Bub-seetien {2) or sub-seotion {3)^ as the ease may be^ Bhall take the place of 
the president without special appointment as such. 

(9) If sueh next senior member is not qualified as aforesaid, the Court 
shall be deemed to be dissolved. 

Procedure at the Trial. 

•••"•■•-• . ... 

Q4« An Indian Marine Court shall be held on board one of Her Majesty's Pl««eof lit* 
Indian Marine vessels or on land. iSS^ne (^mrT 

- bh. As soon as an Indian Marine Court is assembled, the names of the Challenge. 
members of the Court shall be read over to the prisoner, who shall be asked if 
he objects to beiug tried. by any of them ; if the prisoner objects to any mem- 
ber, the objeetion shall be decided by the Court ; if the objection is allowed, 
the place of the member objected to shall be filled up by the officer next in , 

seniority available for the duty who is not on the Court, subject to the regula- 
tions contained in section 53, sub-sections (j3), (d), (4) and (5) : 

Provided that where the Court is composed as in the proviso to section 58, 
sub-section (i), and no officer qualified under that section is available to take 
the place of the officer objected to, the Court shall, after recording the objec- 
tion, proceed with the trial in like manner as if the objection had been dis- 
allowed. 

56. (/) Before an Indian Marine Court proceeds to try a prisoner, an Oatbf. 
oath shall be made by every member of the Court in the prescribed manner. 

[2) An oath shall be made in the prescribed manner by any person who 
gives evidence or acts as an interpreter before an Indian Marine Court 

57* When no specific charge is made against any person subject to this Trial of offi- 
Act for, or in respect or in consequence of, the wreck, loss, destruction b3M)ne Coiort! 
or capture of any vessel in the Indian Marine Service, all the offieers and crew 
of the vessel may, if the authority convening the Court thinks fit, be tried 
together before one and the same Indian Marine Court ; and any of them, 
when upon his trial, may be called upon to give evidence on oath touching 
any of the matters then under inquiry, but no person shall be obliged to give 
any evidence which may tend to criminate himself. 

58. {!) If by reason of the illness of the prisoner bdEore the finding it is Difsolntioii of 
impossible to continue the trial, an Indian Marine Court shall be deemed to ^^^^11^* 
be dissolved : 

Provided that, where more prisoners than one are being tried and the trial 
of only one or some of them is rendered impossible by illness^ the Court may^ 

ir2 



180 



XOiM Marine. [ISS? : Aefc XIV. 

(Chap. IK— Indian Marine Courte. Beee. 69-64.) 



Re-MUof 

prisoner ftfter 
diuolation of 
Ckmrt 



Clearing of 
Court 



Dedrionof 
Court 



Bummoning 
witneMM. 



BiUDiiiary 
pmisbment 
of eertein 
oontomptit 



Bvlwdirioii 
of prooeed- 



if it sees fit^ eontiiiae the trial of the other or others, and, where the Court so 
continues the trial, it shall be deemed to have been dissolved only with respect 
to the prisoner or prisoners whose illness caused the continuance of his or 
their trial to be impossible. 

{S) When the illness with which a prisoner is affected is insanity, the 
Court shall proceed, as nearly as circumstances admit, in the eame manner as 
a Magistrate or Court may proceed, under section 466 of the Code of Crim- 
inal Procedure, 1882,^ when an accused person is found to be of unsound X€fl881i 
mind and incapable of making his defence. 

59, Subject to the provisions of the last foregoing section, where an In- 
dian Marine Court is dissolved under that section or section 63, sub-section 
(7) or sub-section (9), the proceedings are null and void, and the prisoner 
may be tried before another Indian Marine Court on the same charge or 
charges. 

60* The president may, on any deliberation among the members, cause an 
Indian Marine Court to be cleared of all other persons, 

61, Every decision of an Indian Marine Court shall be passed by a 
majority of votes, and where there is an equality of votes the president shall 
have a second or casting vote : 

Provided that if there is an equality of votes on the finding the decision 
diall be in favour of the prisoner, 

62, (-2) Every person who may be required to give evidence or to produce 
a document before an Indian Marine Court shall be summoned in the pre* 
scribed manner. 

{2) A summons issued under this section may be sent to any officer exer- 
cising magisterial powers within whose jurisdiction the person summoned may 
be or resides, and the officer shall give effect to the summons as if the witness 
were required to attend in his Court. 

63, "When a person subject to this Act who, being duly summoned or 
ordered to attend as a witness before an Indian Marine Court, behaves with 
contempt to the Court, the Court, if it thinks fit, instead of reserving him 
for trial by another Court for an offence under section 84, may, by order 
under the hand of the president, sentence him to imprisonment for a term 
which may extend to one month. 

Confirmation of Findings and Benteneee. 
64« {1) The president of an Indian Marine Court shall date and sign the 



1 Bf now the fame eectionof tbe Code of Orimiiua ProcediiTC^ 1896 (Act Y of 1886). 



1887: AotZIVJ Indian Marine. 181 

fClap. IF. — Indian Marine Courts. Sees. 65-67.) 

jwooeedings of the Oonrt and sabmit themi m soon as possible after their ^ngt to eoa« 
completion, to the confirming anthority, thoriiy. ^^* 

(8) If the CSonrt has made a recommendation to meroy^ the recommenda* 
tion shall be recorded and sabmitted to the confirming anthoritj as part of 
the proceedings. 



65. A findinjBT or sentence of an Indian Marine Conrt shall not be valid CoBflrmatioa 
except in so far as it may be confirmed by the confirming authority. aod fentsaoei. 

66. (i) The confirming authority shall ordinarily be the authority con- Oonflmiag 
vening the Court. authority. 

{9) But if the Court was convened for the trial of a gazetted officer with 
the previous sanction of the Oovernor General in Council^ or if^ in the case 
of a Conrt convened for the trial of any other person subject to this Act, 
the Governor General in Council is of opinion that the authority convening 
the Court cannot act^ or cannot conveniently act, as the confirming authorityi 
the confirming authority shall be the Gt>vernor General in Council. 

(8) The fact that the Governor General in Council has acted as the con- 
firming authority with respect to any finding or sentence shall be con- 
clusive proof that he was the proper confirming authority with respect 
thereto. 

67. (i) The confirming authority may send back the finding and sentence Powen of 
of an Indian Marine Court, or either of them, for revision ; and, on the ^tbori^ 
finding or sentence being sent back, the Conrt may, if so directed by the 
confirming authority, receive additional evidence. 

(S) Where the finding only is sent back for revision, the Court may 
revise the sentence also. 

(8) The confirming authority may, in confirming the sentence of an 
Indian Marine Court,— 

(a) reduce the punishment thereby awarded, or commute that punishment 

to any other punishment of inferior degree to which the offender 

might have been sentenced by the Court ; 
(i) suspend for such time as seems expedient the execution of the 

sentence ; 
{e) if the finding or sentence is informally expressed, vary the form 

thereof^ or, if the sentence is invalid, substitute a valid sentence 

therefor. 

(4 Notwithstanding any error, omission or irregularity in any proceed- 
ing of an Indian Marine Court, the confirming authority may confirm the 
finding or sentence of the Court, or either of them, unless the error, omissiou 



htm of evid- 

enoeftppU* 

cable. 



182 ^Indian Marine. [1887 ; Act ZIV; 

(Chap. IF.'-^lndtaB Marine Courts. Sees. 68-70. Clap. F.-^ Supplemental 

Criminal Pravisioni. See. 7L) 

or irregularity hasj in the opinion of that authority, ocoaeioned a failure of 
juatiee. 

Evidence. 

68. The Indian Evidenoe Act, 1872,^ enbjeotto such modifications therein ^ ^ ^^^' 
as the Governor General in Council may, by notification in the Gazette of 
Indiaj direct^' shall apply to all proceedings before Lidian Marine Courts. '^ 



Preservation of Proeeedinge. 

of Indian ^ ^^* W ^^® proceedings of all Indian Marine Courts shall be preserved in 

Marine Court ^^ of&iQb of the Director of Marine for not less than seven years in the case of 

prooeeoings ^ 

and grant the trial of a gaseetted officer, or than three years in the case of any other 

of copiee. 

'^ person. 

{S) Any person tried by an Indian Marine Court shall be entitled, on 

demand at any time after the confirmation of the finding and sentence of the 

Court and before the proceedings are destroyed, to obtain from the oflicer or 

person having the custody of the proceedings a copy thereof , upon payment 

for the same at the prescribed rate* 

■ • 

Power to male Bnlee retpeeting Proeedure.. 

70. (i) The Governor General in Council may make rules ' to regulate the 
procedure of Indian Marine Courts, and for the purpose of carrying this Act 
into execution, so far as relates to the investigation, trial and punishment of 
otEences triable by those Courts. 

{2) The Governor General in Council may by any such rule confer on an 
Indian Marine Court any power (other than a power to try an accused person 
or pass a sentence) conferred on a Court of original criminal jurisdiction by 
the Code of Criminal Procedure, 1882,* 



Power to 
make rolea 
respecting 
prooedore. 



Frooednreof 
Criminal 
Gonrti 
beyond 



CHAPTER V. 

SUFFLEMBNTAL CbIMINAL PrOYIBIONS. 

Proeedure of Criminal Courts beyond BritisA India* 

71. The law relating to criminal procedure for the time being in force in 
British India shall, subject to such modifications as the Governor General in 



> Printed, General Aote, VoL II, Ed. 1898, p. 221. 

* For ndef made nnder n. 68 and 70 in ooojnnotion with a. 4^ to regtLlate the prooeedinga of 
Indian Marine Conrta and certain other matters, ne Qasette of India, 1896, PU I, p. 666. 

> iSM noir the Code of Criminal Prooednie^ 1893 (Aot y ef 1898). 



X of 1882. 



Ids? : Act ZIVJ Indian Marine. 188 

(Ckap. F.^ Supplemental Criminal Propiiionf. 3ee$. 72'74*J 

Coanoil, by notifioation in the Gazette of India direotsi apply to all proceedings Britiih 
under thia Act in Criminal Conrts beyond the limits of British India. 

Jrreite* 

73. The following rnles shall apply to persons sabject to this Act when Anmt of 
oharged with ofEences nnder this Act :— endanu 

(i) Every such person shall be placed in icnstodyi but no person shall be 
detained in custody longer than is necessary for the purposes of justice. 

(2) " Custody " meansi according to the asage of the service, the putting 
of the offender nnder arrest or the patting him in confinement. 

{3) Any officer, or, if more officers than one are presenti the senior of 
thenii may order into custody any other person of inferior rank subject to this 
Act. 

{4) The charge made against every person taken into custody shall, with* 
out unnecessary delay, be investigated by his commanding officer or other 
prescribed authority ; and, as soon as may be, proceedings shall be taken for 
punishing the offender or discharging him from custody. 

73. A commanding officer shall, upon an investigation being made into a Power of 
charge against a person subject to this Act and under his command of having ^^^'^^^^ 
committed an offence under this Act, dismiss the charge if he thinks that it 

ought not to be proceeded with, but when he thinks the charge ought to be 
proceeded with, he shall, subject to the provisions of this Act, take steps 
without delay for bringing the offender to trial. 

Eaeeution of Senteneee of Indian Marine Courte and Commanding Offieere. 

74. (i) Every term of imprisonment awarded in pursuance of the sentence Commenoe- 
of an Indian Marine Court or of a commanding officer exercising jurisdiction JJSb ^ <A 
under this Act shall, except aa provided in sub-section (9), be deemed to corn* imprif<m« 
menoe on the day on which the original sentence was signed by the president 

of the Court or pronounced by the commanding officer. 

(;8) When a person already undergoing a sentence of penal servitude, 
transportation or imprisonment is sentenced by an Indian Marine Court to 
imprisonment, that imprisonment shall commence at the expiration of the 
penal servitude, transportation or impriaonment to which he has previously 
been sentenced : 

Provided that when, undel* this sub-section, at the expiration of a term of 
imprisonment to which a person has been sentenced by an Indian Marine 
Courti another term of imprisonment to which he has been similarly senten- 
ced commences, and the aggregate term of imprisonment to which he would 



IlMllttoB of 



184 Indian Marine. [1887 : Aot ZIV. 

fCiap^ V.'^Bupplemental CriminfU Proviiumi. 8&ei. 7M7.) 

be thns liable wonld, as feokoned from the oommenoement of saoh impriaon- 
ment, exceed two years, so mnch of that term as b in exeess of two jrears 
shall be deemed to be remitted. 

75. (i) A person sentenced by an Indian Marine Comrty or by a com- 
manding oflScer exercising jurisdiction under this Act, to imprisonment 
shall be detained in the prescribed custody until he is transferred to a prison. 

(j9) A person sentenced as aforesaid shal]| as soon as may be praoticabla, be 
transferred to a prison in British India, and shall be delivered orer with a 
warrant of commitment in the prescribed form signed by the preseiibed 
authority to the officer in charge of that prison. 

(5) A person transferred to a prison under sub^Bieciion (9) shall thereafter 
be dealt with in all respects as if he were detained in that prison under a sen- 
tenoe of a Criminal Court ; 

Provided that*— 

(a) when he is a person sentenced to imprisonment by his commanding 
officer, the commanding officer, or the Director of Marine, may, at 
any time by order in writing, direct that he be discharged ; 

(i) the Director of Marine or any commanding officer may, by order 
in writing, direct that any person so transferred shall be delivered 
over to the prescribed custody for the purpose of being brought 
before an Indian Marine Court either as a witness or for trial or 
otherwise^ and that he shall again be transferred to the prison. 



iaTingol 

■utfiority of 

ofdiotry 

CoorU 

Minor 
poniahmeiitf. 



BafAngt. 

76. Except as expressly provided by this Act, nothing in this Act shall 
affect the jurisdiction or powers of any Court of criminal jurisdiction. 

77. Nothing in this Act shall afEect any rules, regulations, conditions ot 
customs of the Indian Marine Service now or hereafter in force under which 
any person may be liable— 

(a) to dismissal, loss of seniority, disrating, forfeiture or stoppages ; or 
(i) to any restriction not amounting to custody, or any deprivation of 
indalgence or additional duty, imposed in the way of discipline* 

Amendment of Aeie. 

78. [Jmendmeni of Ad X of 1882, eeetion 64 (Arreet i(f DeHftere).^ 
Sep., Code of Crimiaal Pfoeednre, 1898 (Aet rofl898). 



1887 : lot ZIVO I*di»» ^m^' ^^ 

(Chip, Vf8iiffl«mental Crmimal TrovUiotu. Bee. 79. Chap. VL^Tro- 

vi»io»* of CivU Late, 8ee». 80-89.J 

XUr at 1890k 79. After Motion 188 of the Indtto Penal Code > the following section AaMndnait 

^^^ of CbApttt 

shall be inserted, namely :— * Tn of <h« 

PenalGodA 
(Offenow 
reUtingto 
Anny s&d 
NftTy). 

« 1S8A. The forogoing Bections of this Chapter shall apply as if Her ^jPj^^ 
Hajestjr's Indian Marine Service were comprised in the Navy of the Queen/' seotions to 

thelni^ttfta 

Marine 

Senrioe. 

CHAPTER VI. 
PsovisiOKS or Civil Law. 
Stfemjftum from Proeea. 
80. (i) A person below the poeition of gazetted officer shall not, while BzemptiloA 
subject to this Act^ be liable to be taken oat of the Indian Marine Service by for debk 
any process^ exeention or order of any Court of law, or otherwise^ or be com- 
pelled to appear in person before any Court of law except in respect of the 
following mattersi or one of them ; that is to say :-— 
(a) on aocount of a criminal charge or conyiction ; 
{b) on account of a decree for moneyi when the amount exceeds three 

hundred rupees over and above the costs of the suit. 
{8) The Judge of any such Court may examine into any complaint made 
by any such person, or his superior offioeri of the arrest of the person contrary 
to the provisions of this seotiouj and may by order under his baud discharge 
the person^ and award reasonable costs to the complainant, who may recover 
those costs as he might have recovered costs awarded to him by a decree 
against the person obtaining the process. 

81. The clothes, equipment or arms of a person subject to this Act shall Property 
not be seized) nor shall the pay and allowances or any part thereof of any such ^ a^*^!*^ 
person below the position of a gazetted officer be attached, in execution of any 
decree or order enforceable against him by any Court of Civil Judicature. 

Property tfDeeeaud Penota and DaerUrs. 

82e The following rules are enacted respecting the disposal of the property Clsponl of 
of any person subject to this Act who dies or deserts ^— SeeeM^ 

(i) The commanding officer shall secure all the moveable property which P*^"^ 
is on the spot and cause an inventory thereof to be made. 



•m 



> Friniad» Oeneial AeH Vol I, Bd. IseSi p. 140. 



166 li^dian Marine. [1887 : Act XIV. 

(Chap. FL^^Pfiwisions of difit Law* See. 88.J ^ 

(3) lu the oase of a deceased person, if his representative is on the spot 
and gives seoarity for the payment of the ship and service debts pf the, 
deceased^ the commanding offioer shall deliver over the property to that repre* 
sentative. 

(3) In the case of a deceased persoui if the property is not dealt with 
under, clause- (2), and in the case of every deserter, the commanding offioer 
shall cause the property to be sold by public auction, and from the proceeds of 
the sale shall pay the ship and service debts and, in the case of a deceased 
person, the expenses of his funeral ceremonies. 

(^ The surplus, if any, shall in the case of a deceased person be paid to 
his representative. 

(5) In the event of no claim for the surplus of a deceased person's estate 
b eing established within twelve months after his death, and immediately after 

the sale of the efEects of a deserter, the amount remaining in the hands of the 

, • • • . 

commanding officer shall be remitted to the Director of Marine. 

{6) Property deliverable or money payable to the representative of a 
deceased person under this section may, if the value or amount thereof does 
not exceed one thousand rupees and the Director of Marine or the prescribed 
authority thinks fit, be deUvered or paid to any person appearing to him to be 
entitled to receive it, or to administer the estate of the deceased, without 
requiring the production of any probate, letters of administration, certificate 
or other such conclusive evidence of title ; and such delivery or payment shall 
be a full discharge to the person ordering or making the same and to the 
Secretary of State for India in Council from all further liability in respect of 
the property or money ; but nothing in this section shall affect the rights of 
any executor or administrator or other representative or of any creditor of a 
deceased person against a person to whom any such delivery or payment has 
been made. 

(7) A person shall be deemed to have deserted within the meaning of this 
section who has been convicted of desertion, or who has been absent without 
kave for a period of thirty days from the Indian Marine Service, and has not 
subsequently surrendered or been ftf rested. 



^^^,^_^_^, 



1887 : Aet XVIIL] Allakabad Univenity. 1ST 



THE ALLA.HABAD UNIVEESITY AOT, 1887. 



» 



CONTENTS. 



Sbctiors. 



1> Title and qo.mnienoement. 
2. iSstablishment and incorporation of Univernty* 
8, Chancellor. 
; 4. Vioe-CJbanoellor, 
6. Fellows. 

6. First Fellows. 

7. Vacation of office of Fellow. 

8. Honorary Fellows. 

9. Constitution and powers of Senate. 

10. Chaini)an at meetings of Senate. 

11. ProoiBedings at meetings of Senate. 

12. Appointment of Syndicate^ Faculties, Examiners and Officers. 

13. Functions and proceedings of Syndicate. 

14. Power to confer degrees after examination. 
16, Power to confer honorary degree. 

16. Power to levy fees. 

17. Power to make rules. 

lS..EzaminerSf officers and servants of the Senate to be deemed to be 

public servants. 
19. Duty of Local Government to enforce Act and rules. 
20; Kotifioations in certain oases. 
2U Annual accounts and audit thereof. 



• 



TH£ SCHEDULE. 



Pl.RT L*— OFflOBS TO BB BEBKBD TO HAVB BBBN SFBOIFIBn UNDBR SBOtlON 6, 

BUB-flBOTIOH (i)| OLAUSB (a). 

Part 1L Pbrsons to bb dbbmbd to havb bbbn appointed, or to bavb bben 

XLBCFBDi AVB APPROVBD| AS FbLLOWS UVDBB SBOTIOK 6, SUB^ 
BBCnoN (i)> OLAUSB (i) OR 0LA1J8B(tf). 



188 



AlUAmbad UmvenUg. 
(8ee». 1-4.J 



[1887 : Aek XVm. 



Tltl««ii4 

00lll]n6IIC6* 

Bural. 

ment and in- 
Qi uniTonityt 



ObuMeUor. 



Tto»-C9ia]|« 
MDon 



ACT No. XVIII Of 1887.^ 

[9Srd September, 1887.'] 

An Act to establish a UniTersity at AllaliabacL 

Wherbas it has been detArmined to establish a UniverBity at Allah abad ; 
It is hereby enacted as follows : — 

1. (i) This Act may be called the Allahabad University Aet^ 1887 ; and 
{8) It shall come into foroe at once. 

3, (i) A University shall be established at Allahabadi andthaOover* 
nor General for the time beings shall be the Patron of the University. 

{8) The University shall consist of a Chancellor, a Vice-Chancellor and 
such namber of Fellows as may be determined in manner hereinafter provided. 

(5) The University shall be a body corporate by the name of the Unt* 
versity of Allahabad, having perpetual succession and a common seal, with 
power to acquire and hold property, moveable or immoveablei to transfer the 
same, to contract, and to do all other things necessary for or incidental to the 
purposes of its constitntion. 

{4) The University shall come into existence on such day * as the Local 
Government may, by notification in the official Gazette, appoint in this 
behalf. 

8. The Lieutenant-Governor of the North- Western Provinces for the 
time being shall be the Chancellor of the University, and the first Chancellor 
shall be the Honourable Sir Alfred Comyns Lyall, Knight Commander of 
the Most Bonoorable Order of the Bath, Knight Commander of the Most 
Eminent Order of the Indian Empire. 

4. (i) The Vice-Chancellor shall be such one of the Fellows as the Chan* 
cellor may from time to time appoint in this behalf, 

(8) Except as provided in sub-sections {3) and (4), he shall hold office for 
two years from the date of his appointment, and on the expiration of his 
term of office may be re-appointed. 

{3) If a Vice-Chancellor leaves India he shall therenpon cease to be Vioe* 
Chancellor nnless the Chancellor otherwise directs. 

(4) The Bon'ble Sir John Edge, Knight, Queen's Counsel, Chief Justice 
of the High Court of Judicature for the North- Western Provinces, shall be 



^ for Statement of Olijects sod Keasonf, m« Qasette of India, 1887» Pt V* p. 58 1 f or Prooeed* 
Inst in Coundl, w# tW<l, Pt. VI, pp. «• 46 end 74. , ^ r^ ^ ^ . ^^ ^ w 

• TheuK Ifforembir, 1887--w# North- t^ertwrn Provincee and Ondh Qaiette, 1887,Pl. I, 

P.46S, 



1887 : Aot ZVIIL3 Allahabad Univenity. 189 

(Beei. 5^7.) 

dammed to have been appointed the first Vice-Chancellor, and his term of 
office shalli sabjeot to the proTisions of sub-seotioa (5), expire on the last day 
of Deoember, 1889. 

6, ( /) The following persons shall be Fellows, namely ;— JfsUewi. 

(a) all peraons for the time being holding sach offices nnder the Govern- 
ment as the Local Oovernment may, by notification in the official 
Oasette, specify in this behalf \ 
(i) persons whom the Chanoellor may from time to time appoint by 
name as being eminent benefactora of the University^ or persons 
distingnifihed for attainments in Literature, Science or Art, or tor 
services to the cause of education ; and 
U) such peraons as may from time to time be elected by the Senate of 
the Uniyenity and approved by the Chancellor ; 

Proyided that— 
(t) the whole number of the Fellows holding office under clauses («)| (i) 
and (e), exclusive of the Yice-Chancellor, shall not be less than 
thirty ; and 
(fi) the number of persons for the time being elected and approved under 
clause [c) shall not exceed the number for the time being 
appointed nnder clause (i)« 
{9) A, person appointed under clause (i), or elected and approved under 
clause (0), of sub-section (i) shall not, by micceeding to an office notified under 
elause (a) of that sub-section, oease to be a Fellow under clause (i) or clause 
{c) thereof, as the case may be. 

6. (i) The offices specified in Part I of the schedule shall be deemed to Vixst FeUoifs. 
have been specified in a notification issued under section 6, sob-section (i), 
olause (a) ; and 

(S) The persons named in Part II of the schedule shall, except for the 
purposes of the seoond elauae of the proviso to section 5, sub-section {1), be 
deemed to be Fellows appointed under clause (i) of sub-section (1) of section 
5^ or elected and approved under clause {e) of that sub-section. 

7« (i) The Local Gbvernment may, by notification in the official Gazette, Vaaillanof 
eanoel or amend any portion of P^rt I of the schedule or any notification Felioir. 
under seotion 5, sub-section {!), clause {a). 

{2) The Chancellor may, with the consent of not less than two-thirds of 
the members of the Senate present at a meeting specially convened for the 
purpose^ remove any Fellow appointed under clause (i) of sub-eeotion (1) of 
aeetion 6 or elected and approved under clause (0) of that 



(8et». 8-12.) 

(5) If any Fallow Imtcs ladm withoat theinteitiM of letenuBg tWwto, 
or it aboent frooi India for more than four jaan, lie shall then^oa caaee to 
baa Fellow. 

8. Bvery perMm who haa fiDed the oflfee of Ftabon or Ckaneellor shall be 
an hononuy Fdlow dt the UniYonityy hot ahall not be a i^ flt fr of Ihe 



^ V. (Jj Tbe trbsneellor, Viee-lAaneellor and Fdlowa for the timo bens' 
shall farm the Senate of tiie UniTendty. 

(^ The Senate shall have the entire muageme&t of, and aoperintendenee 
OTcr, flie afiurs, ooneems and property of the Univienity, and dhaQ provide 
for that mansgement and exercise that saperintendsnee in aeeoidanee with 
tiie rales for the time being in foree under this Aet. 
} 10. At ereiy meeting of the Senate the Chaneellor, or, in his absenee, 

the Viee-Chsneellor, or, in the absence of both, a Fellow dioeen by the 
Fellows present at the meeting or by a majority of them, dull preside as 
Chairman. 

11« (1) When a qoestion respecting the election of any person to be a 
Fellow under section 5, snb-seetion (1), daose (c), comes befom the Senate at 
a flMotingy it dull be daeidad by a majority oE tiie Totes given thereat by the 
members in person or by proxy. 

(?) ETery other qnestion which comes before the Senate atameetbg 
shaU be decided by a majority of the Totes of the members present. 

(S) No question shall be decided at any each meeting unless ten m^nben 
at the least, besides the Chairmaa, are present at the time of the decision. 

(^ The Chainnan and, subject to the for^^ng provisions of this 8ecti<ni 
respecting tbe mode of voting, every Fellow shall hare one vote, and the 
Chairman, in case of an equality of votes, shall have a second or eastiiig vote, 

^l&SSS^ IS* SnbJ^^ ^ ^® "^^ fo' ^h« time being in force under this Ae^ the 

IJMwltiw, a« Senate may from time to time*— 

(i) appointi or provide for the appointment of, a Syndieate, from among 
the members of the Senate ; 

{^ constitute Faculties oi Arts and Law and, with the previous, appro* 
val of the Oovemor Gbneral in Council, of Science, Engineeiiqg 
and Medicme; 

(8) appoint, suspoid and remove, or provide fw the appointment^ suspen- 
sion and removal of, examinerB, officers and servants of the Uni* 
versity ; 

(4) appoint, or provide for the appointm«it of, praEessors and lecturers 




1887 :. Aot XVIIL] Allahabad TTnivenHf. 1»1 

(Sea. 13^16.) 

and sBipend and remoTe^ or providiB for the snspension and removal 
of, professorB and lecturers appointed by the Senate. 
^ 18. (i) The Syndicate, shall be the executiye committee of fhe Senate, Fmiotlons 
and may discharge .sach funjstions of the Senate as it may be empowered to [IJ^'n^^^^^g!^. 
discharge by the rules for the time being in force under this Act« . . dicate. 

(9) The Vice-Cbancellor shall be a member of the Syndicate and shall 
preside as Chairman aC every meeting of the Syndicate at which he is present, 
(d) If the Vice-Chancellor is absent from any such meeting, the members 
present shall choose one of their number to be Chairman of the meeting. 

[4) Every question at a meeting shall be decided by a majority of the votes 
o( the members piresent. 

(5) In case of an equality of Votes the Chairman shall have a second or 
casting vote. 

14. Subject to the rules for the time being in force under this Act, the Power to 
Senate may confer on persons who have passed such examinations in the Univer* ^^^^ |^|^ 
sity and fulfilled such other conditions as may be prescribed under this Act— .^wnluition. 

{a) in the Faculty of Arts^ the degrees of Bachelor and Master of Arts • 
(i) in the Faculty of Law^^ the degrees of Bachelor and Doctor of Tjaws; 
and, if empowered by the Governor Oeneral in Council in this behalf,—* 
(c) in the Faculty . of Science, the degrees of Bachelor and Doctor of 

Science ; 
{d) in the Faculty of Medicine^ the degrees of Bachelor and Doctor of 

. Medicine; 
(e) in the Faculty of Engineering, the degrees of Bachelor and Master 
^"\ . of Civil Engineering. 

. 16. If the Vice-Chancellor and not less than two- thirds of the ptber Power to oon- 
members of the Syndicate recommend that an honorary degree be conferred on degrM?^*^ 
any person, on the ground that he is, in their opinion, by reason of eminent, 
position and attainments, a fit and proper person to receive such a. degree, 
and their recommendation is supported by a majority of the members present 
at a meeting of the Senate and is confirmed by the Chancellor, the Chancellor 
may, on behalf of the Senate, confer on that person the degree of Doctor of 
Laws without requiring him to undergo any examination. 

16. (i) The Senate may charge such reasonable fees for entrance into the Power to 
University and continuance therein, for admission to the examinations cf the .'^^ ^^^ 
University, for attendance at any lectures or dasses in connectioki with the 
University, and for the degrees to be conferred by the University, aa may. be 
iinposed by the rules for the time being in force under this Apt, 



IH Allakabad Umvenify. [1887 : Aet XTUh 

(Sec. 17. J 

(9) Sooh fees sball be carried to a Gkneral Fee Fond for the paymeiit of 
expenses of the 'University, 

Power to 17. (2) The Senate shall, as soon as may be after the oominf? into exist* 

™^ enoe of the University^ and may from time to time thereafter^ make rales 

consistent with this Act toaohinji^ 

(a) the mode and time of convening the meeting^ of the Senate and of 

transacting business thereat; 
(i) the appointment, constitution and duties of the Syndicate and the 

Faculties^ and'the election of Fellows ander section 6, sab-aeoiion 

{1), clause [e) ; 
{e) the appointmenti suspension, removal, duties and remuneration of 

examiners, officers and servants ; 

(d) the appointment, duties and remuneration of professors and leotnrersi 

and the suspension and removal of professors and* leotuvers ap« 
pointed by the Senate ; 

(e) the previous course of instruction to be followed by candidates for 

the examinations of the University; 
(/) the examinations to be passed and the other conditions to be ful« 
filled by candidates for degrees ; and, 

(f) generally, all matters regarding the University. 

{8) All such rules shall be reduced into writing and sealed with the com* 
men seal of the University, and shall,-— 

{a) in the case of the rules made under clause {e) or clause (/) of suh« 
section (1), after they have been confirmed by the Local Ooven^ 
ment and sanctioned by the Governor General in Council, and, 

(b) in the case of all other rules^ after they have been sanctioned by the 

Local Oovernment, 
be binding on all members of the University or persons admitted thereto and 
on all candidates for degrees. 

(5) If, on the expiration of eighteen months from the date on which the 
University comes into existence, rules have not been made and sanetioned or, 
as the case may be, have not been made;, confirmed and sanctioned, under 
the foregoing provisions of this section, touching a matter mentioned in sub* 
section (i), the Local Government may, by notification in the official Gmaette, 
make such rules touching that matter as it thinks fit. 

{4) Subject, in the case of rules touching any matter mentioned in olause 
{e) or clause (/) of sub*section (2), to the sanction of the Governor General 
in Council, rules made by the Local Government under aub-section {S) ahaU 



1887 : Act XVIII.] Allahabad University. 193 

(Sees. 18-3LJ 

be deemed to have been made and sanctioned^ or, as the ease may be, to have 
been made, confirmed and sanctioned, nnder sub^seotions {!) and {8). 

18« (i) Every examiner, oflScer or servant appointed or remunerated by E»™iners, 

XLV of 186a the Senate shall, for the purposes of the Indian Penal Code, be deemed to be servants of 

11* A the Senate 

a pubhe servant. ^ be deemed 

19) The word *' Government'' in the definition of 'Mee^al remuneration '* tobepaWlc 

86want8» 

in section 161 of that Code shall, for the purposes of sub-section (i), be 
deemed to include the Senate, and sections 16S and 163 of the Code shall be 
construed as if the words '^or with any member of the Senate of the 
Allahabad University '' were inserted after the words ^' with any Lieutenant- 
Governor.'' 

19. It shall be the duty of the Local Government to require that Duty of 
the proceedings of the University shall be in conformity with this Act and aoyemment 

the rules for the time being in force thereunder, and the Local Government ^joto^ 

Act and 
may exercise all powers necessary for giving etEect to its requisitions in this rnles. 

behalf, and may, among other things, annul, by notification in the official 

Gazette, any such proceeding which is not in conformity with this Act and 

tiiose rules* 

20. All appointments made under section 4,' all appointments made and Nddfioationt 
elections approved under section 5, sub-section (2), clauses (A) and (0), all ^^[[^'^^ 
degrees conferred under sections 14 and 15, and all rules made under section 

17, shall be notified in the local official Gazette. 

21. (i) The accounts of the income and expenditure of the University Annual ao- 
shall be submitted once in every year to the Local Government for such 2Sut*<SMaf 
examination and audit as that Government may direct. 

(2) For the purposes of the examination and audit the auditor appointed 
by the Local Government may by letter require the production before him 
of any books, vouchers and other documents which he deems necessary, and 
may require any person holding or accountable for any such books, vouchers 
or documents to appear before him at the examination and audit or adjourn- 
ment thereof and to answer all questions which may be put to him with re- 
spect thereto or to prepare and submit any further statement which the auditor 
considers necessary in explanation thereof. 

(5) Any person who iu the absence of reasonable excuse, the burden of 
proving which shall lie upon him, refuses or neglects to comply with a requi- 
sition under sub-section (8) shall be punished for every such refusal or neg- 
lect with fine which may extend to one hundred rupees. 

{4j When the auditor has completed the examination and audit he shall 

VOL. V. o 



194 Allahahad University. [1887 : Act XVIII. 

(The Schedule.) 

report the result thereof to the Local Government, and that Government may 
ibereapon disallow any payment made contrary to law and surcharge it on the 
person making or authorizing the making of the illegal payment. 

(6) If the amount of a payment so surcharged is not paid, as the Local 
Government directs, within fourteen days after demand being made therefor, 
the Secretary of State for India in Council may proceed by suit in any 
Court of competent jurisdiction to recover the amount from the person on 
whom the surcharge was made* 

THE SCHEDULE. 

{See section 6.) 

Pabt I. 
Offices to be deemed to have been specified under section 5, sub-section (2), 

clause (a) :— 

The office of— 

Bishop of Calcutta ; 

Chief Justice of the High Court of Judicature for the North- Western 

ProviticeB ; 
Chief Commissioner of the Central Provinces; 
Agent to the Governor General in Eajputana ; 
Chief Secretary to the Government of the North* Western Provinces 

and Oudh ; 
Secretary to the Government of the North* Western Provinces and Oudh 

in the Public Woiks Department; 
Commissioner of Allahabad ; 
Commissioner of Lucknow ; 
Commissioner of Agra ; 

Director of Public Instruction, North- Western Provinces and Oudh ; 
Principal of the Muir Central College, Allahabad ; 
Principal of the Queen's College, Benares, 



Paet II. 

Persons to be deemed to have been appointed, or to have been elected 
and approved, as Fellows under section 5, sub-section (1), clause {b) or clause 

1. The Hon 'ble James Wallace Quinton, Bachelor of Arts, Bengal Civil 
Service, Member of the Board of Revenue of the North- Western Provinces, 



1887 : Act ZVnL] Allahabad Univemiy. 19fi 

(The Schedule.) 

<lompauioii of the Most Exalted Order of the Star of India, Fellow of the 
Calcutta Uuiversity^ Additional Member of the Coancil of the Governor 
General for making Laws and Regulations, Member of the Council of the 
Xieutenaut-Governor of the North- Western Provinces and Oudh for making 
Laws and Regulations. 

£. The Hon'Ue William Tyrrell, Bachelor of Arts, Bengal Civil Service, 
Judge of tbe High Court of Judicature for the North-Western Provinces. 

8. The Hon'ble Syed Ahmed, Khan Bahadur, Companion of the Most 
Exalted Order of the Star of India, Fellow of the Calcutta University, 
Member of the Council of the Lieutenant-Governor of the North-Western 
j'rovinces and Oudh for making Laws and Regulations. 

4. The Hon'ble Syed Mahmud, Barrister^at-Law, Judge of the High 
Court of Judicature for the North-Western Provinces. 

5. The Hon'ble Pundit Ajudhya Nath, Member of the Council of the 
Lieutenant-Governor of the North-Western Provinces and Oudh for making 
Laws and Regulations. 

6. Lieutenant-Colonel John Greenlaw Forbes, of the Royal Engineers, 
Fellow of the Calcutta University, Joint Secretary to Government, North- 
Western Provinces and Oudh, in the Public Works Department. 

7. Surgeon-Major James Cleghoru, Doctor in Medicine, Civil Surgeon, 

liuoknow. 

8. Raj& Shiva Prasada, Companion of the Most Exalted Order of the 

Star of India. 

9. Mortimer Sloper Howell, Esq., Bengal Civil Service, District Judge, 
North-Western Provinces, Companion of the Most Eminent Order of the 
Indian Empire, Fellow of the Calcutta University. 

10. Rdja Jui Kishan Das, Bahadur, Deputy Collector, North-Western 
Provinces, Companion of the Most Exalted Order of the Star of India, 
Fellow of the Calcutta University. 

11. R6]& Udal Pratab Singh, Talukdar of Bhinga in the Bahraich 

District. 

12. Brigade-Surgeon Emanuel Bonavia, Doctor in Medicine^ Civil 

*8urgeon, Etdwah. 

13. Mahamahopadhyaya Bapu Deva Shastri, Sanskrit College, Benares, 
Companion of the Most Eminent Order of the Indian Empire. 

14. John C. Nesfield, Esq., Master of Arts, Inspector of Schools, Oudh 

Division* 

15. Kenneth Deighton, Esq., Bachelor of Arts, Inepeetor of Schools, 

fiohilkhand Division. 

% 



196 Allahabad Univenitf. [1887 : Act XVIII.. 

fTie Schedule.) 

16. William Charles Benett^ Esq.^ Bengal Civil Servioe^ Secretary to the 
Govemment o{ the North-Weetern Provinces and Oadb. 

17. Michael J. White^ Esq., Master of Arts, Principal, Canning College^ 
Lncknow. 

18. Alexander Thompson, Esq., Principal, AgraCollege« 

19. B&bu Pramoda Das Mittra, Honorary Magistrate, Benares. 

20. Charles H« Hill, Esq., Barrister-at-Law, Allahabad. 

21. William H. Wright, Esq., Bachelor of Arts, Professor of English 
Literature, Muir Central College, Allahabad. 

^2. W. N. Boutflower, Esq.^ Bachelor of Arts, Professor of ^Mathematics 
Muir Central College, Allahabad, 

28. Shams-'ul-ulama Manlavi Zaka-uUa, Kban Bahadar, Emefitu9 Pro- 
fessor of Arabic, Mair Central College, Allahabad. 

24. Samuel Alexander Hill, Esq., Bachelor in Science, Professor of 
Physical Science, Muir Central College, Allahabad, and Meteorological 
Reporter to the Qovernment. 

25. The Reverend John Hewlett, Master of Arts, Principal, London 
Mission College, Benares. 

26. Pandit Lakshmi Shankar Misra, Master of Arts, Professor of 
Physical Science, Benares College. 

27. Theodore Beck, Esq., Bachelor of Arts, Principal, Mnhammadan 
Anglo-Oriental College, Aligarh. 

28. Pandit Aditya Ram Bhatacharya, Master of Arts, Professor of 
Sanskrit, Muir Central College, Allahabad. 

29. Munshi Newal Eishore, Lucknow. 

80. Bibu Bireshwar Mittra, Professor of Law, Benares College. 

81. Lfila Mukand Lfil, Rae Bahadur, Honorary Assistant Surgeon to the- 
Yiceroy, Lectureri Medical College, Agra. 

82. Bibti Ram Saran Das, Master of Arts, Fyzabad. 



887 : Act XX.] fTild Birds Protection. ]97 

(SecB. 1-8.) 

ACT No. XX OP 1887.1 

\_3Ut October, 1887J] 

An Aot for the Protection of Wild Birds and Game. 

Whbrjeas municipal authorities in different parts of British India have 
from time to time made rules for the protection of birds and other game ; 

And whereas it is expedient that Local Goveruments and cantonment- 
authorities as well as municipal authorities should be empowered to make such 
Tales; 

It*is hereby enacted as follows :— - 

1. (i) This Aot may be called the Wild Birds Protection Act, 1887. Sd^oS?^ 
8) It extendsto the whole of British India ; and menoement 

(8) It shall come into force at onoe. 

2. In this Act— Deftnitionj. 
(i) *' municipal authority '' means the corporation, commissioner, com- 

^mittee, board, council or person having authority over a municipality under 

-any enactment for the time being in force : 

(2) *^ cantonment-authority *^ means a cantonment-committee or, in the 
case of a cantonment for which such a committee has not been constituted^ 
the commanding officer of the cantonment : and 

(3) *' wild bird '* includes a peacock and every bird of game. 

8. (1) The Local Oovernment with respect to any municipality or canton- Power to 
ment within the territories under its administration, or the municipal author- °^®'^** 
ity or cantonment-authority of any municipality or cantonment, may from 
time to time make rules— 

{a) defining the expression ^* wild bird ^' for the purposes of this Aot in 

its application to the municipality or cantonment ; 
(i) defining for those purposes the breeding season of any kind of wild 

bird ; and 
(e) prohibiting, subject to such exceptions and conditions as may be 
prescribed by the rules, the possession or sale during its breeding 

^ For Statement of Olijeote and Beasons, #00 Qaaette of In^ 1887, Pt. V, p. S2 ; for Beport 
<tf tbe Select Committee^ ««« tbid, 1887, Pt. VI, p. 180 ; for Proceedings in Council, #m ibid, Pt. 
YI, pp. 42, 46 and 101. 

TiuM Act bai been declared in force in Upper Bnrma (except the Shan States) by tbe Barma 
Laws Act, 1898 (XIII of 1898). 

It has been extended, by notification under s. 6 of tbe Scheduled Districts Ac^ 1874 (XIV 
t>f 1874), printed. General Acts, Vol. II, Ed. 1898, p. 467, 

to Britisb Baluchistan, 9$e Gaxette of India, 1892, Pt. II, p. 606 1 it bad also previous to 

being declared in force there by Act XIII of 1898^ been extended to Upper Burma, ##t 

Gasette of India, 1892, Pt. I, p. 94. 

It baa been deolared in force in the Santh&l Pargsnas, by notification under s« 8 of the Santhtt 

Parganas Settiement Begnlation (III of 1872) as amended by tbe Santhil Parganas Laws Reguhh- 

tion, 1886 (in of 1886), printed, Bengal Code, Vol. I, Bd. 1889, p. 697, m0 Calcutta Gazette, 1896, 

Ft I, p. 810. 



198 



Power to 
apply Aoi to 
any aidmalt 
of game. 



Wild Sirdi Froteetion. (See. 4.J [1887 : Act XX*. 
Petroleum Cuitoms'duty. [1888 : Act II. 



season within the municipality or cantonment of any kind of wild 
bird recently killed or taken, or the importation into the manici-^ 
' pality or cantonment of the plamage of any kind of wild bircL 
during snch season. 

{2) The authority making a rule under clause {e) of sub-section (1) may 
direct that a breach of it shall be punishable with fine which may extend, in 
the case of a first offence^ to five rupees for every wild bird in respect of whick 
or of the plumage whereof the breach of the rule has been committed, and, in 
the case of a subsequent oflEence, to ten rupees in respect of every such bird or 
plumage. 

{3) A Court oonvicting any person of a breach of any such rule may order 
the confiscation of any wild bird or plumage in respect of which the breach 
was committed. 

{4) The power to make rules under this section is subject to the condition, 
of the rules being made after previous publication and, in the case of rules 
made by a municipal authority or cantonment-authority, to the further condi- 
tion of the rules being confirmed by the Local Government before they are 
published in the oflScial Oazette under clause {5) of section 6 of the General 
Clauses Act, 1887.^ 

4. The Local Government^ of its own motion or on the application of any 
municipal authority or cantonment-authority, may, by notification in the 
official Gazette, declare the provisions of the last foregoing section with re- 
spect to wild birds to apply to any animals of game other than birds, and 
thereupon those provisions shall apply to such animals and their furs in like 
manner as they apply to wild birds and their plumage. 



Iofl88K. 



ACT No. IIop1888.« 

[ lOli lebruary, 1888.1 

An Act to provide for the levy of a Customs-duty on Petroleum. 

Whbebas it is expedient to provide for the levy of a custom-duty ' on 
petroleum ; It is hereby enacted as follows:—- 

1, [Addition to Schedule II, Jet II, 1869.} Bep. by the Indian \Tariff 
Act, 1894 {nil oj 1894). 8ch. L 

1 See now d (5) of g. 28 of the General Clauses Act, 1897 (X of 1897). prioied. General Acta. 
Vol. VI, Ed. 189a 

' For Statement of Objects and Reasons, —e Gaiette of India, 1888, Pt. V, p. 2 ; for Report 
of the Select Committee, #«« ihid, Pt IV, p. 6 ; and for Debates in Council. m0 ibid. Pt. VI, 
pp. 6, 21 and 86. 

' For duty on petroleum. Ma now Art. 16^ 8ch. IV of the Indian Taiiif Act. 1894 (VTTT 
of 1894.), printed, General Acts, Vol. VF. 



1888 : Act II.] Petroleum Customs-duty. (See. 2.) 199 

1888: Act III.] Police. (Sees. U9.) 

Vinof 1878. And whoreas the provisos to section 87 of the Sea Customs Act, 1878,* 
do not apply to goods to which a rate oi duty is not already applicable ; It is 
farther enacted as follows t*^ 

2. The rate of daty applicable to petroleum of which the failUof-entrjr is Commenoe* 

Vlllof 1878. delivered, within the meaoing of section 37 of the Sea Customs Act, 1878,* to effect of lihe 
the Customs-collector under section 86 of that Act, after the passing of this J?^ll^^^ 
Act, shall be the rate of duty specified in the second schedule to the Indian 

XI of 1882. IViriff Act, 1882, as amended by this Act.' 



ACT No. Ill 0? 1888.» 

[inh February y 1688.1 

An Aot to amend the Law relating to the Regulation of Folioe. 

Whbrkab it is expedient to relax thoee provisions of Acts for the regula* 
tion of police which restrict the employment of police-officers to the presi- 
dency, province or place of the police^establishment of which they are mem- 
bezB ; It is hereby enacted as follows : — 

1. its This Act may be called the Police Act, 1888. Tlti«^ erfcen*. 
^ ' and ooiii'< 

(2) It extends to the whole of British India ; and menoemont. 

(3) It shall come into force at once. 

2. (1) Notwithstanding anything in Act XXIV of 1859^ {an Aetfor ike Conttitation 
better regulation of the Police within the territories subject io tie Presidency fofS^ fj^ 
of Fori St. George), Act V of 1861 « {an Act for the Regnlation of Police) •P^*" P"' 
'[or the corresponding law for the time being in force in the territories adnu- 
nistered by the Governor of Bombay in Council], or any Act relating to the 
police in any presidency-town, the Governor General in Council may, by noti- 
fication in the Gazette of India, create a general police-district embracing 

1 Printed, General Acts, Vol. Ill, Ed. 1898, p. 168. 

s 8m now the Indian Tariff Act, 1894 (VIIl of 1894), Sob. IV (16), printed, Oeneiml Aoti, 
Vol.VI, Ed. 1898. 

• For Statement of Objects and Reasons, we Qasette of India, 1888, Ft V, p. 180 ; for 
Report of the Select Committee, m« ihid^ 1888, Pt. IV, p. 8; and for Proceedings in Coanoil, 
»e/ihid, 1887, Pt. VI, p. 100, and ibid, 1888, pp. 87 and 40. 

The Act has been declared in force in Kritiah Balnchistan by the British Baluchistan Laws 
Reffnktion, 1890 (I of ISi^O), printed, Balnchistan Code, Ed. 1890, p. 69. 

It has been declared, by notification nnder s. 8 (a) of the Scheduled IMstricts Act, 1874 (XIV 
of 1874), to be in force in the Districts of Hazdrib^gh, LohiLrdnga, Manbhum and Pftlamau, and in 
Pftrgana Dhilbhum and the Eolhitn in the Singbhum District, —e Oasette of India, 1896, P;. I, p. 

180. 

It has been declared in force in Upper Burma (except the Shan States) by the Burma Laws 

Act, 1898 (Xltlof 1898). 

It had been previously extended there, by notification under s* 6 of Aot XIV of 187^ «•« 
Oaiette of India, 1892, Pt. I, p. 94. 

« Printed, Madrfls Code, Ed. 1888, p. 189. 

• Printed, General Acts, Vol. I, Ed. 1898, p. 879. 

• These words were substituted for the words " the Bombay District Police Act, 1867,** bj 
the second schedule to the Bep4»ling and Amending Act, 1891 (XII of 1891). Sm now ih* 
Bombay District Police Act, 1690 (Bom. Act IV of 1890), printed, Bombay Code^Yol. Ill, Ed. 
1896, p. 488. 



«00 Police. [1888 : Act HI. 

fSee. 2.J 

parts of two or more presidenoieB, provinces or places, and direct the enrol- 
ment under Act Y of 1861 ^ of a police-force for servioe therein,' 

(8) With respect to such a district and the police-force enrolled therefor, 
the functions of the Local Gtovernment under Act V of 1861,^ the Code of 
Criminal Procedure, 1888,' and any other enactment for the time beings in X of 1888. 
force reluticg to police shall, subject to any orders which the Governor Geu*> 
eral in Council may mated in this behalf, be discharged by the Governor General 
in Council, or by such Local Oovemment or other authority as the Governor 
General in Council may appoint,' and the functions of the Inspector General 
of Police, Deputy Inspectors General, Assistant Inspectors General, District 
Superintendents of Police and Assistant District Superintendents under Act V 
of 1861^ and any other enactment for the time being in force shall, subject as 
aforesaid, be discharged by such officer or officers as may be appointed by the 
authority ordinarily discharging under this sub-section the functions of the 
Local Government with respect to the district and force. 

{3) Subject to any orders which the Governor General in Council may 
make in this behalf, members of a polioe«force enrolled for service in a general 
police-district created under sub-section (2) shall have within every part of any 
presidency, province or place of which any part is included in the district the 
powers, duties, privileges and liabilities which, as police-officers appointed 
under Act Y of 1861/ they have within the district. 

(4) Any member of such a force whom the authority ordinarily discharging 
with respect thereto the functions of the Local Government under sub*'section 
{3) has generally or specially empowered to act under this sub-section may, 
subject to any orders which the Governor General in Council may make in 
this behalf, exercise in any part of the local area in which he has the powers 
of a police- officer under sub-section (3) any of the powers which an officer in 
charge of a police-station has in that part, and, when so exercising any such 
power, shall, subject as aforesaid, be deemed to be an officer in charge of a 
police-station discharging the functions of such an officer within the limits of 
his station. 

(5) Subject to any orders which the Governor General in Council may 
make in this behalf| a part of a presidency, province or place included in a 
general police-district under sub-section (1) shall not by reason of being in- 
cluded therein cease for the purposes of any enactment relating to police to be 
part of the presidency, province or place of which it forms part. 



1 8e$ fifth footnote on precedinff page. 

* For notification issned nnder these powers, §$$ Oaiette of India^ 1898, 1896 and 1898, Pt. I, 
pp. 44^ 874 and 180, retpeetiTely. 

* Sm now the Code of Criminal Frooednr^ 1898 (Aot Y of 1898). 



1888 : Act IIL] PoUce. (Sec. 3.J 201 

1888 : Act IV,] (Reserve Forces. Sees. 1-4.) 

(6) For the parposes of this section^ and subject to the provisions thereof^ 
Act y of 1861^ shal]^ notwithstanding anything in section 46 of that Act, be 
deemed to take effect throughont the whole of British India. 

3. Notwithstanding anything in any of the Acts mentioned or referred to Employment 
in the last foregoing section, but subject to any orders winch the Governor offi^**" 
General in Conncil may make in this behalf^ a member of the police^establish- ^yondthe 
ment of any presidency, province or place may discharge the functions of a province 
police-officer in any part of British India beyond the limits of the presidency, wh?d5*tliey 
province or place, and shall, while so discharging such functions, be deemed to ^^^t^- 
be a member of the police-establishment of that part and be vested with the 
powers, functions and privileges, and be subject to the liabilities, of a police- 
officer belonging to that establishment. 



ACT No. IV of 1888. » 

\9nd March 1888.'] 

An Act to regulate Her Majesty's Indian Reserve Forces. 

Whbrbas it is expedient to provide for the government, discipline and 
regulation of Her Majesty^s Indian Reserve Forces ; It is hereby enacted as 
follows : — 

1. (i) This Act may be called the Indian Reserve Forces Act, 1888 ; and Title and 

(2) It shall come into force on such day as the Governor Oeneral in Coun« *'™™®"^ 

mont. 
oil may, by notification in the Gazette of India, appoint in this behalf.^ * 

2. The Indian Reserve Forces shall consist of the Active Reserve and the Division of 
Garrison Reserve. ?^^^, ^ 

Actiye and 
GhuTiBon 



3. (i) A person belonging to the Active Reserve shall be liable to serve LooaUtvof 
beyond the limits of British India as well as within those limits. service of 

(2) A person belonging to the Garrison Reserve shall not be liable without ^^ 

his consent to serve beyond the limits of British India. 

4. The Governor General in CJouncil may make rules and orders for the Pow to 

government, discipline and regulation of the Indian Reserve Forces. "^^^ ^^ 

for reernlaldoii 
of Ueeerve 

» Printed. Qenend Acts, Vol. I, Bd, 1898, p. 879. Foroes. 

> For statement of Objects and Reasons, see Gasette of India, 1888, Pt. V, p. 22 ; and for 
Proceedings in Conncil, s4b ibid, 1888, pp. 46 and 56. 

TUb Act has been declared in force in British Balnchistan by the Balnohietan Laws RetniU 

tion, 1890 (I of 18&0), printed, Balnchistan Code, Bd. 1890, p. 69. ^ 

* The Act came into force on the 26th May, 188Q, tee Qazette of India of same date Pi: t 

p. 289. ' ^' ^' 



2,0% 



Beserve 
Forces to 
xnilitary Iaw. 



Ponialiment 
of oertain 
offenc<>B by 
peraouB be- 
longing to 
BeseTve 
Fotoei. 



Effect of Act 
on penons 
already in 
tbe Beferres. 



Seserve Forces. 
(Sees. 5-7.) 



[1888 : Act IV. 



5. Sabjeot to the provision of section 8 with respect to persons belonging 

to the Garrison Reserve^ and to such rules and orders as may be made under 

section 4, a person belonging to the Indian Reserve Forces shall, as an officer 

or soldier, as the case mliy be, be subject to military law in the same manner 

and to the same extent as a person belonging to Her Majesty's Indian Forces. 

6* (i) If a person belonging to the Indian Reserve Forces-— 

(a) when required by or in pursuance of any rule or order under this Act 

to attend at any place fails without reasonable excuse to attend in 

accordance with such requirement, or 

[h) fails without reasonable excuse to comply with any such rule or 

order, or 
[e) fraudulently obtains any pay or other sum contrary to any such rule 
or order, 
he shall be liable — 

(i) on conviction by a Court-martial, to such punishment other than death, 
transportation or imprisonment for a term exceeding one year as 
such Court is by the Indian Articles of War' empowered to award^ AotYollsed* 
or 
(ii) on conviction by a Magistrate of tbe first class, to imprisonment for 
a term which may extend, in the case of a first offence under this 
section, to six months, and, in the case of any subsequent offence 
thereunder, to one year. 
{2) "Where a person belonging to the Tndian Reserve Forces is required by 
or in pursuance of any rule or order under this Act to attend at any place, a 
certificate purporting to be signed by an officer appointed by such a rule or 
order in this behalf, and stating that the person so required to attend failed to 
do so in accordance with such requirement, shall, without proof of the 
signature or appointment of such officer, be evidence of the matters stated 
therein. 

{3) Any person charged with an offence under this section may be taken 
into and kept in either military or civil custody, or partly into and in one 
description of custody and partly into and in the other, or be transferred from 
one description of custody to the other. 

7. Nothing in this Act or in any rule or order thereunder shall make 
any person transferred to the Indian Reserve Forces before the commence- 
ment of this Act subject, without his consent, to any of the provisions of 
this Act. 



^ Printed, Oeneral Acta, Vol. II, Ed. 1898, p. 88. 



1888 : Act V«] Inventions akd Designs. 203 

THE INVENTIONS AND DESIGNS AOT, 1888. 



CONTENTS, 



Sbotions. 

1, Title, extent and commencement. 

2. Repeal. 

8, Division of Act into Parts. 



PART I. 

Inybntions. 

4. Definitions. 

5. Application for leave to file specification. 

6. Order to file speciHcation. 

7. Applications in respect of contemporaneous inyentions* 

8. Acquisition and continuance of exclusive privilege. 

9. Form and contents of specification. 

10. Mode of filing application and specification. 

11. Delivery and distribution of copies of specification. 

12. Register of inventions. 

15. Addres8*book. 

14. Provisions with respect to the raster and book. 

16. Extension of exclusive privilege. 

16. Imposition of conditions with respect to exclusive privilege. 

17. Exclusive privilege to bind the 0<>vernment. 

18. Application for leave to file memorandum or amended specificatioQ. 

19. Effect of amended specification. 

20. Bar to exclusive privilege in certain cases. 

21. Novelty of invention dependent on public use of knowledge thereof 

before application to file specification. 

22. Effect of public use or knowledge of invention in fraud of inventor. 
28. Effect of temporary use of invention in public by inventor or by his 

leave. 
24* Effect of public use or knowledge of patented invention between appli- 
cation for patent and application to file specification. 

25. Effect of like public use or knowledge of impatented invention. 

26. Effect of public use or knowledge of invention after admission to an 

exhibition . 

27. Cessation of exclusive privilege by order of the Government. 

28. Cessation of exclusive privilege on revocation or expiration of patent* 

29. Suit for infringement of exclusive privilege. 

80. Application to declare exclusive privilege in respect of an invention 

not to have been acquired. 

81. Like application as to part of an invention. 



204 Inventions and JDesigns. [1888 1 Act V« 

Sbotions. 

82. Seoarity for costs of applioation under either of the two last foregoing 

sections. 
33. Application on breach of condition. 
34f. Notice of proceedings to persons interested. 
35. Framing issue for trial before other Court. 

86, Order on application. 

87, Delivery of particulars. 

38. Title of actual inventor to exclusive privilege in case of fraud. 

39. Transmission of copies of decrees and orders to Secretary. 

40. Registration of cessation of exclusive privilege. 

41. Bectifioation of register of inventions or address-book. 

42* Power to High Court to stay proceedings on or dismiss certain appli- 
eations. 

43. Power for Governor Oeneral in Council to require grant of licenses. 

44. Assignment for particular places. 

45. Subscription of specifications and applications. 

46. Verification of applications. 

47. Agents. 

48. Pees. 

49. Rules and forms. 



PART IL 

Dbsigns. 

60. Definitions. 

51. Application for order for registration of design. 

62. Registration in register of designs. 

53. Acquisition of copyright. 

54. Marking registered designs. 

56. Efi^eot of exhibiting unregistered designs at exhibitionB. 

'66« Mutation of names in register of designs. 

67. Suit for infringement of copyright. 

68. Registration of cessation of copyright. 

69. Rectification of register of designs. 

60. Power to High Court to stay proceedings on or dismiss application for 

rectification of register. 

61. Application to this Part of certain provisions of^Part I. 

62. Fees. 

63. Rules and forms. 



THE FIRST SCHEDULE.— Enactments bbpealed. 

THE SECOND SCHEDULE.— Appuoation whbbi Patbnt has not 

BBBN OBTAINBD. 

THE THIRD SCHEDULE Applioation whbbb Patent hasI bbbn 

OBTAINED. 

*TH£ FOURTH SCHEDULE.— Fbbs {Inventions). 



1888 : Act V.3 Invewtians and Desiffns. 20& 

fSees, IS. Part I»^^Inventtons. See. 4j 

THE FIFTH SCHEDULE.— Application for order for Eegistra- 
TioN OF Design. 

THE SIXTH SCHEDULE.— Fees {Designs). 



ACT No. V OF 1888.1 

[16a March, iS88.] 

An Act to consolidate and amend the law relating to the Froteo-' 

tion of Inventions and Designs. 

Whereas it is expedient to ooDsolidate and amend the law relating to the 
protection of inventions and designs ; It is hereby enacted as follows :— 

1« (i) This Act may be called the Inventions and Designs Act, 1888. Title, extent 

{2) It shall extend to the whole of British India/ and mencement. 

(3) It shall come into force on the first day of July, 1888. 

2* {1) The enactments described in the first schedule are hereby repealed BepeaL 
to the extent specified in the third column thereof. 

{S) But this repeal of enactments shall not affect any exclusive privilege 
acquired, or any conditions or restrictions imposed with respect to any such 
privilege, or any right or liability accrued or incurred, under ^ny of those 
enactments before the commencement of this Act, or any relief in respect of 
any such privilege, right or liability. 

{8) Any enactment or document referring to any enactment hereby 
repealed shall be construed to refer to this Act or to the corresponding por^ 
tion thereof* 

3. The remainder of this Act is divided into Parts, as follows : — IKyUoii of 

PART L— Inventions. ^ ^^ 

PART II.— Dbsigns. 



PART I. 

Inventions. 
4. In this Part, unless there is something repugnant in the subject or con- BefinittoiiB. 

text,— • 

(i) '^ invention '' includes an improvement : 

^ For statement of Objects and KeasonB, tee Gazette of Indiai 1888^ Pt. I, p. IB i fbr 
Beport of tiie Seleel Committee, #m ibid^ 1888, Pt Y, p. 8 } and for Proceedings in CoonciL 
H9 aid, 1887, Pt. VI, pp. 1 and 9, and ilid, 1888, Pt. YI, pp. 44 and 68. 

* The Act bas been declared In foroe in British Balnchistan liy the British BalaoUBtan Laws 
Begnlation, 1890 (I of 1890), printed, BalnchisUn Code, Ed. 1890^ p. 69. 

It has been declared in force in Upper Bnrma (except the Shan States) by the Borma 
Laws Act, 1898 (XIII of 1898). 

It had been prcTioasly extended tiiere, by notification nnder s. 6 of the Sehednled Districts 
Aet, 1874 (XIY of 1874), printed. General Acts. Yol. II, Ed. 1898!, p. 4ff7$ «m Burma Gaiette, 
1888^ Pt. I, p. 869» and Gasette of India, 1888, Pt I, p. 871. 



• 



206 



AppHofttion 
for leave to 
file speoiilea* 
tton. 



Inventions and Dengm. 
(Pari l.^^Inventioni. See. 5.) 



[1888 : Act V. 



(9) ''inventor^' does not inolude the importer into British India of a 
new iiiYention unless he is the actual inventor : 

(3) '' applioanf means a person who has applied under this Part for 
leave to 6]e a speoification of an invention, whether he has 61ed the specifi* 
oation or not : 

(4) /^ assign '' includes a gmntee of the exclusive privilege of making, 
selling or using an invention, or of authorizing others so to do, during the 
term for which the privilege is to continue or may be extended| or for any 
shorter term : 

(5) 'inventor/' ''actual inventor '' and *^ applicant'' include the exeoa* 
tors, administrators or assigns of an inventor, actual inventor and applicant, 
as the case may be : 

(6) '' manufacture " includes any art, process or manner of produoingi 
preparing or making an article, and also any article prepared or produced by 
manufacture : 

(7) '^ write'' includes print, lithograph, photograph, engrave, and every 
other mode in which words or figures can be expressed on paper or on any sub- 
stance : 

(JB) '^ Secretary" means a Secretary to the Government of India appdnted 
by the Governor General in Council to discharge the functions of the Secre- 
tary under this Act, and includes any Under Secretaiy, Assistant Secretary or 
other officer subordinate to the Government of India to the extent to which 
such officer may be authorised by general or special order of the Governor 
General in Council to discharge any of those functions : ^ 

(9) " District Court ''' has the meaning assigned to that expression by 
the Code of Civil Procedure : ' and 

{10) *^ High Court" has the meaning assigned to that expression by the 
Code of Criminal Pracedure, 1882,^ in reference to proceedings against X of USM. 
European British subjects. 

5. (i) The inventor of a new manufacture, whether he is a British subject 
or not, may apply to the Governor General in Council for leave to file a 
apecification thereof. 

{S) The application must be in writing signed by the applicant and in the 
form or to the effect of the second schedule if the inventor has not obtained a 
patent in the United Kingdom, and in the form or to the effect of the third 
schedule if he has obtained a patent in the United Kingdom* 

^ As to appointment of Seeretary for parposes of the Act, #00 Qaaette of India» IdSS, Fk I» 

^ Printed* General Acts, Vol. lY, Ed. 1898. p. 268. 

« i9#9 now ibe Code of Criminal ProeediiiB» 18d8 (Act y OI1808), 



xivofissa. 



1888 : Act Y»2 Inventions and Desigm. 207 

fPart I.^^Inventiani. 8eei^ 6-7. ) . 

(3) It must state the name, occupation and address of the applicanti and 
where a patent has been obtained in the United Kingdom^ the date of the 
patent and the date of the actaal sealing thereof, and must describe with 
reasonable precision and detail the nature of the invention, and of the 
particular novelty whereof it consists, and be supplemented by such further 
particulars relating to the invention, and by such drawings or photographs 
illustrative thereof, as the Governor General in Council may see fit to require 
from the applicant. 

(4) If in any case it appears to the Governor General in Council that an 
application ougbt to be further supplemented by a model of anything alleged 
to constitute an invention, he may require the applicant to furnish such a 
model neatly and substantially made of durable material and of dimensions 
not exceeding those, if any, specified in the requisition therefor. 

6. (i) Upon an application under the last foregoing section the Governor Order to ftl« 
General in Council may, after such inquiry as he thinks fit, make an order '^^^ ^ ^' 
authorizing the applicant to file a specification of the invention. 

{8) Before making an order under sub-section (i) the Governor General 
in Council may direct that the npplioation be referred for inquiry and report 
to any person whom he thinks fit. 

(3) When such inquiry and report are made by a person who is not in the 
service of the Government, there shall be payable to that person by the 
applicant such fee as the Governor General in Council, after considering the 
report, may determine. 

{4) When an application is to be referred to such a person, the applicant 
shall deposit, in such place and within such time as the Governor General 
in Council may by rule or otherwise prescribe, such sum as will, in the 
opinion of the Secretary, be sufficient to defray any fee which is likely to be 
determined under snb-section {3) . 

(6) If the sum is not deposited in the place and within the time pre- 
scribed, the application may be rejected. 

{$) If the fee as determined by the Governor General in Council exceeds 
the sum so deposited, an order shall not be made under sub-section (i) until 
the applicant has paid the balance of the fee. 

(7) If the sum deposited exceeds the fee so determined, the excess shall 
be refunded to the applicant. 

7. (i) If two or more inventors apply on the same day for leave to file Applicattont 
specifications of inventions which appear to the Gbvernor General in Council ^ retpeet of 
to be identical or so similar as to be practically identical, the Governor Deous in- 
General in Council may, in his discretion, authorize both or all the applicants, ^^^^"^ 



208 



Acquisition 
and contmn- 
ance of 
ezdnnvQ 
privilege. 



Inventions and Designs. 
(Ta,rt h — Indentions. Sees. 8^9 ^ J 



[1888 : Act V. 



IVjrmaad 



sabject to the other proYisions of this Part^ to file specifications of their re* 
spective inventions. 

{2) If they apply on difierent days for leave to file specifications of such 
inventions as aforesaid, the applicant who applied on the first of the 
different days shall be deemed to have a preferential claim to an order author- 
izing the filing of his speoification. 

8. (i) If within six months from the date of an order under section 6j 
siib-sect ion (i), or within such farther time, not exceeding three months, as 
the Governor General in Council, in his discretion, may, on cause shown to 
his satisfaction and on payment of the fee prescribed in that behalf in the 
further schedule, see fit to allow, the applicant causes a specification of his in- 
vention to be filed in manner by this Part required, and the fee prescribed in 
the fourth schedule in respect of the filing of the specification to be paid, the 
applicant shall, subject to the other provisions of this Part, be entitled to the 
exclusive privilege of making, selling and using the invention in British 
India, and of authorizing others so to do, for a term of fourteen years from 
the date of the filing of the specification. 

{8) But an exclusive privilege in respect of an invention of a new manu- 
facture shall, notwithstanding anything in sub-section (i), cease if the inven- 
tor fails to pay, within the time limited in that behalf by the fourth schedule, 
any fee prescribed in that schedule in respect of the continuance of the pri- 
vilege. 

(S) If, nevertheless, in any case, by accident, mistake or inadvertence, an 
inventor fails to pay any such fee within the time so limited, he may apply to * 
the Governor General in Council for an enlargement of the time for making 
the payment. 

{4) Therenpon the Governor General in Council may enlarge the time ac- 
cordingly, on payment of the fee prescribed in that behalf in the fourth sched- 
ule and subject to the following conditions, namely : — 

(a) the time for making a payment shall not in any case be enlarged for 

more than three months ; and 
[i] if any suit is instituted in respect of an infringement of theexolusiye 
privilege committed after a failure to make a payment within the 
time limited for the making thereof and before the enlargement of 
that time, the Court disposing of the suit may, if it thinks fitj 
refuse to award or give any damages in respect of the infringe- 
ment. 
9. (2) A specification filed under this Part must be in writing signed b 



i 



1888 : Act V.3 Invention and Beiigna. 209 

(Part L-^Inventians. Sees. 10' 12 J 

the applicant, and must set forth the precise invention in respect of which the oontente of 
applicant claims to become entitled to an exclusive privilege. ^ ^* 

{8) If the specification is of an invention which is an improvement only, 
it must by explicit language distinguish between what is old and what is 
claimed to be new. 

(8) Every specification must explain the principle of the invention set forth 
therein and the best mode in which the applicant has contemplated applying 
that principle, and must describe the manner of making and using the inven- 
tion in such full, dear^ concise and exact terms as to enable any person skilled 
in the art or science to which the invention appertains, or with which it is 
most closely connected, to make or use the same. 

10* Every application for leave to file a specification, and every specifica- Mode of 
tion filed under this Part, must be left with, or sent by post to, the Secretary cation^and ' 
and the date of the delivery or receipt thereof shall be endorsed thereon and >P<»'^fl<«ti<»* 
recorded in his oflSoe. 

!!• ( 1) At the time of delivering or sending the specification for the pur- I>eliyer7 and 
pose of its being filed, the applicant shall cause to be delivered or sent there- of copies of 
with to the Secretary as many copies thereof, not being fewer than four, as ■P®*'*^®*^<>"» 
may be required by the rules for the time being in force under this Part.^ 

(2) One of these copies shall be retained by the Secretary, and one shall 
be sent to the Governor of Fort St. George in Council, one to the Governor of 
Bombay in Council, one to the Chief Commissioner of Burma, and the others, 
if any, to such authorities as the Governor General in Council may appoint in 
this behalf. 

{3) The copies of the specification which are sent under 8ub*section {2) to 
the authorities mentioned or referred to in that sub-section shall be open to 
the inspection of any person at all reasonable times at places to be appointed 
by those authorities, 

12. (i) A book, to be called the register of inventions, shall be kept in Reg^ter of 
the office of he Secretary wherein shall be entered and recorded every appli* 
cation for leave to file a specification, every order made on any such applica* 
tion, every specification filed in pursuance thereof, and every subsequent pro- 
ceeding relating to the invention described therein. 

(9) Applications for leave to file a specification shall be numbered conse- 
cutively in the order in which they are delivered or received, and be dated as 
of the day of their deliveiy or receipt, and shall be entered in the register of 
inventions in the order of their respective numbers. 

1 As to namber of spare copies of spemfications to be sent by applicants, 9H (Hiette of India* 
1892, Pt. I, p. 82. 

VOL. V. * 



210 



Addrew- 
book. 



FMrirfoiis 
with reipect 
toiheregii- 
ter and book. 



ExteniioiL of 

exdnnTO 

priyilege. 



luventionM and Designs. 
(Part h'^Inventiom. Sees. 13ASJ 



[1888 : Act Y. 



{8) A reference shall be made in that register, in the margin of the entry 
of each application, to every order on or in respect of the application^ to the 
specification^ if any, filed in pursuance thereof| and to every snbseqaent pro« 
oeeding relating to the invention which forms the subject of the application. 

13. (i) Another book^ to be called the address-booki shall be kept in the 
office of the Secretary wherein any person filing a specification under this Part 
or any person in whom an exclusive privilege acquired under this Part, or any 
share or intereist therein, may become vested may from time to time cause to 
be stated some place in British India where notice of any rule or proceeding 
relating to the exclusive privilege may be served on him. 

(8) A reference to each entry in the address-book shall be made in the 
register of inventions in the margin of the entry in that registei^of the appli- 
cation for leave to file the specification. 

14. (1) Every entry in the register of inventions or address-book, and 
every document entered and recorded in the register, shall, for the purposes of 
the law of evidence for the time being in force,^ be deemed to be a public docu- 
ment and shall be open to the inspection of any person at all reasonable times 
at the office of the Secretary. 

(2) The books kept under section 11 and section 85 of Act No. XV of 
1859 {an Act far granting exclusive Privileges to In vent or 9) shall be deemed 
to be parts of the register of inventions and address-book respectively. 

15. (i) The inventor of a new manufacture may, at any time not more 
than one year and not less than six months before the time limited for the 
expiration of an exclusive privilege acquired under section 8, apply to the Gov- 
ernor General in Council for an extension of the privilege for a further term. 

(2) When an application is made under sub-section (i), the Governor 
General in Council may, if he thinks fit, refer it to a High Court for report. 

{3) The Court to which the application is referred shall, in making its re* 
port, have regard to the nature and merits of the invention in relation to the 
public, to the profits made by the inventor as such, and to all the circum- 
stances of the case. 

(4) The procedure on the reference shall be such as the Court thinks fit, 
and may include the issue of citations calling upon persons claiming to have 
any interest in the reference to appear before the Court on the day on which 
the reference is to be considered, or on any day to which the consideration 
thereof may be adjourned, and make with respect thereto any representation 

^ See the Indian Evidence Act, 1872 (I of 1872), printed, Oeneral Actf, Vol. 11, Ed. 1898, 
p. 222. 

' Act XT of 1859 was repealed by this Act 



1888: Act v.] Inveniiom and Designs. 211 

(Part L-^Inventiom. Sea. 16 • 180 

which they may see fit in relation to any of the matters to which the Court ie 
required by the last foregoing sub-BOction to have regard in making its report. 

(ff) If the Oovernor General in Counoil is of opinion^ or^ where a reference 
has been made under sub-section {2)^ if the Court reports, that the inventor 
has been inadequately remunerated by his exclusive privilege, the Governor 
General in Council may, on payment of the fee prescribed in that behalf in the 
fourth schedule, make an order extending the term of the privilege for a fur- 
ther term not ezoeediog seven or, in exceptional cases, fourteen years from the 
expiration of the first term of fourteen years. 

{6) But an exclusive privilege of which the term has been extended under 
the last foregoing sub-section shall, notwithstanding anything in that sub- 
section, cease if the inventor fails to pay before the expiration of each year of 
such extended term the fee prescribed in the schedule aforesaid in respect of 
the continuance of the privilege. 

16. An order under section 6, sub-section (i), authorizing the filing of a Impodtian cC 
specification, or under section 15, sub-section (5), extending the term of an with iMpeoft 
exclusive privilege, may be made subject to such conditions as the Governor *® «^j^^« 
General in Council thinks expedient. 

17* (i) Subject to any conditions imposed under the last foregoing sec- EzdiuiTe 

.. privUegeto 

tion — bind the 

{a) with respect to the filing, by a person employed in the service of Her ^▼en"»«^t» 
Majesty in India, of the specification of a manufacture invented by 
him in the course of his employment, or, 
(b) with respect to the extension, in favour of any person, of the term of 
an exclusive privilege, 
an exclusive privilege acquired under this Part shall have to all intents 
the like effect as against Her Majesty as it has against a subject. 

{3) But the officers or authorities administering any department of the 
service of Her Majesty may, by themselves, their agents, contractors or others, 
at any time after the delivery or receipt of the application for leave to file the 
specification of an invention, use the invention for the services of the Govern- 
ment on terms to be before or after the use thereof agreed on, with the approval 
of the Governor General in Council, between those officers or authorities and 
the inventor, or, in default of such agreement, on such terms as may be settled 
by the Gh)vernor General in Council. 

18. (1) lis A^ter the filing of the specification, the applicant has reason to Application 
believe that through mistake or inadvertence he has erroneously made any mis- f^\^ ^mo^ 
statement in his application or specification or included therein something '*^*^?\®' 
which at the date of the delivery or receipt of his application was not new or tpedficaticn, 

p2 



212 



Bffeet of 
•mended spe* 



to exclti" 
■ive privi- 
lege in cer- 
tain 



Inveniians and Designs. 
(Part L — Inventions. Sees. 19'21.J 



[1888 : Act V. 



KoTelty of 
Inreniion 



whereof he was not the inventor, or that the epeoifioation is in any particular 
defective or insufficient, he may apply to the Governor Qeneral in Connoil for 
leave to file a memorandum pointing out the mis-statement or disclaiming any 
part of the alleged invention, or for leave to file an amended specification, as* 
the ease may be. 

{8) The application must be in writing signed by the applicant, and must 
state how the error, defect or insufficiency occurred and that it was not fraudu- 
lently intended. 

(3) Upon the application the Governor General in Council may make an^ 
order allowing the memorandum or amended specification to be filed. 

(^ The provisions of section 6 with respect to applications, and of sectiona 
9 and 11 with respect to specifications and copies thereof, shall apply, so far as 
they can be made applicable, to applications and to amended specifications^ 
respectively, made and filed under this section. 

19.. An amended specification filed under the last foregoing section shall, 
except as to any suit or proceeding relating to the exclusive privilege which 
may be pending at the time of the filing of the amended specification, have 
the same efEect as if it had been the specification first filed : 

Provided that nothing in an amended specification shall be construed to 
extend or enlarge an exclusive privilege before acquired. 

20. A person shall not be entitled to an exclusive privilege under this 
Part— 

(a) if the invention is of no utility, or 

(h) if the invention, at the date of the delivery or receipt of the application 
for leave to file the specification thereof, was not a new invention 
within the meaning of this Part, or 
(jb) if the applicant is not the inventor thereof, or 
{d) if the original or any amended specification does not fulfil the require- 
ments of this Fart, or 

(e) if the original or any subsequent application relating to the invention 

or the original or any amended specification contains a wilful or 
fraudulent mis-statement, or 

(f) if the application for leave to file the specification of the invention was 

made under this Fart after the expiration of one year from the date 
of the acquisition of an exclusive privilege in respect of the invention 
in any place beyond the limits of British India and the United 
Kingdom. 
8L An invention shall be deemed a new invention within the meaning of 
this Fart if it has not before the date of the delivery or receipt of the applicap^ 



1888 : Act V.] Inventiom and Designs. 218 

(Part J. — Inventions. Sees, S8'86.J 

tion for leave to file the specification thereof been publicly used in any part of dependent on 
British India or of the United Kingdom^ or been made publicly known in any knowledi^e^' 
part of British India or of the United Kingdom by means of a written publi- *^*if^*t^*'^ 

-Ca tio n • file epecifloa- 

22* The public use or knowledge of an invention before the date of the Effect of 
delivery or receipt of the application for leave to file a specification thereof knowledge of 
shall not be deemed a public use or knowledge within the meaning of this invention in 
Part if the knowledge has been obtained suiTcptitiously or in fraud of the in- Tentor. 
ventor or has been communicated to the public in fraud of the inventor or in 
breach of confidence : 

Provided that the inventor has not acquiesced in the public use of his in- 
Tention, and that, within six months after the commencement of that use, he 
applies for leave to file a specification. 

23* Use of an invention in public by the inventor thereof, or by his servant Effect of 

or agent, or by any other person by his license in writing, for a period not ex- ^^V^^^ 
_, , nse of invent 

ceedmg one year immediately preceding the date of the delivery or receipt of tion in pnb- 
his application for leave to file a specification thereof, or knowledge of the in- or o/by wi 
vention resulting from such use thereof in public, shall not be deemed a public ^^^®* 
use or knowledge within the meaning of this Part. 

24, If an inventor who has obtained a patent for his invention in the Effect of 
United Kingdom causes an application for leave to file a specifioation of the in- P^^^^^ ^^ ^ 
vention under this Part to be delivered or received by the Secretary within patented in- 
twelve months from the date of the actual sealing of the patent, the invention tw^^ap^ 
HBhall be deemed a new invention within the meaning of this Part if it was P^*°**^^ '^ 
not publicly used or known in any part of British India at or before the date application to 
of the application for the patent, notwithstanding that it may have been pub- d^!^**^****" 
licly used or known in some part of British India or of the United Kingdom 
before the date of the delivery or receipt of the application under this Part for 
leave to file the specification. 

26. If an inventor applies for leave to file a specification under this Part Effect of )ike 
while his application for a patent is pending in the United Kingdom and P^"® "" **' 
the interval between the date of his application for the patent and the 'date impat^fi^ 
of the deliveiy or receipt of his application under this Part does not exceed *"'^*"'^'''- 
twelve months, the invention shall not be deemed to have been publicly used 
or made publicly known, within the meaning of this Part, by reason only of 
the invention having been used, or a description thereof having been published 
in any part of British India or of the United Kingdom during the interval 

26. If an inventor, being the exhibitor of his invention at an industrial or Effect of nse 

international exhibition, certified as such by the Governor General in flAnnnn 2' P^**^® 

" ^^vuauii^ knowledge of 



214 



iiiT6Bti«n 
after admis- 
gion to an 
exhibition. 



Ceaiation of 
ezdosiTe 
priTilege by 
order of the 
Oovemment. 



Cessation of 
ezclosiTO pri« 
Tilege on re- 
Tocaiion or 
expiration of 
patent. 



Suit for in« 
fringement 
of exchudye 
pxivilege. 



Inventioni and Designs. 
(Part L— Inventions. Sees. 97-29.) 



[1888 : Act V. 



causes an application for leave to file a specification of the invention to be delU 
vered to or received by the Secretary within six months from the date o£ the 
admission of the invention into that exhibition^ the invention shall not be 
deemed to have been publicly used^ or made publicly known^ within the mean- 
ing of this Part^ by reason only of the invention having at any time after ad- 
mission into the exhibition been publicly used or made publicly known. 

27. (J) An exclusive privilege acquired under this Part shall oease if the 
Governor General in Council declares the privilege, or the mode in which it is 
exercised, to be mischievous to the State, or generally prejudicial to the 
public. 

(9) It shall also cease if a breach of any condition on which the applicant 
was authorized to file a specification, or on which the term of the exclusive pri*^ 
vilege was extended^ is on an application under this Part to a High Court 
proved to the satisfaction of that Court, and if the Governor General in Coun- 
cil thereupon declares the privilege to have ceased. 

88. (i) An exclusive privilege acquired under this Pai*t in respect of an 
invention for which a patent has been obtained in the United Kingdom shall 
cease on the revocation or expiration of the patent. 

(2) Such a privilege in respect of an invention for which a patent has not 
been obtained in the United Kingdom shall cease on the revocation or expira- 
tion of any patent or exclusive privilege which has been obtained or acquired 
for or in respect of the invention in any other country. 

29» (i) An inventor may institute a suit in the^District Court against any 
person who, during the continuance of an exclusive privilege acquired by him 
under this Part in respect of an invention, makes, sells or uses the invention 
without his license, or counterfeits or imitates it. 

(2) The suit shall not be defended upon the ground of any defect or in- 
sufficiency of the specification of the invention^ or upon the ground that the 
original or any subsequent application relating to the invention, or the original 
or any amended specification, contains a wilful or fraudulent mis-statement, 
or upon the ground that the invention is of no utility : 

(d) Nor shall it be defended upon the ground that the plaintifE was not the 
inventor, unless the defendant shows that he himself is the actual inventor or 
has obtained from the actual inventor a right to make, sell or use the inven- 
tion, or to counterfeit or imitate it, as the case may be : 

(^ Nor shall it be defended upon the ground that the invention was not 
new, unless the defendant, or some person through whom he claims, has, before 
the date of the delivery »or receipt o^the application for leave to file the speci- 
fication, publicly or actually used in some parts of British India or of the 



J 



1888 : Aot VJ Inveniians and De9ipns. S16 

fPaH I.'^ Inventions. 8ecK 80^3 LJ 

United Kingdom the invention or that part of it with respeet to which the 
ezclasive privilege is alleged to have been infringed* 

30* Any person may apply to a High Court for a rule to show cause why Apnlintion 

the Court should not declare that an exclusive privilege in respect of an ezdatdTT 

invention to he specified in the rule has not been acquired under this Part by pririlege in 

reason of all or any of the objections following (to be specified in the rule)^ inyentton noi 

that IS to say :— •o^oiwdi 

(a) that the invention is of no utility^ or 

(b) that the invention was not^ at the date of the delivery or receipt of 

the application for leave to file the specifioation, a new invention 
within the meaning of this Part^ or 

{e) that the applicant was not the inventor thereof ^ or 

{J) that the original or any amended specification does not fulfil the re- 
quirements of this Part, or 

(e) that the applicant has knowingly or fraudulently included in the appli- 
cation for leave to file the specification or in the original or any 
amended specification, as part of his invention, something which 
was not new or whereof he was not the inventor, or 

{/) that the original of any subsequent application relating to the inven- 
tion, or the original or any amended specification, contains a wilful 
or fraudulent mis-statement, or 

Iff) that some part of the invention, or the manner in which that part is 
to be made and used, as described in the original or any amended 
specification, is not thereby sufficiently described, and that this in- 
sufficiency was fraudulent and is injurious to the public. 

31. Any person may apply to a High Court for a rule to show cause why Like appUoa* 
the Court should not declare that an exclusive privilege in respect of any part ^^^ ^ ^ 
of an invention to be specified in the rule has not been acquired under this hiveaUon. 
Part, by reason of all or any of the objections following (to be specified in the 
rule), that is to say : — 

(a) that that part of the invention is wholly distinct from the other parts 

thereof and is of no utility, or 

(b) that that part of the invention was not, at the date of the delivery of 

receipt of the application for leave ta file the specification, a new 
invention within the meaning of this Part, or 

(c) that the applicant was not the inventor of that part of the invention, 

or 
{d) that that part of the invention, or the manner in which it is to be made 



316 



Secari^for 
ooftoof ap* 
plication 
under either 
of the two 
taslfore- 
gdngMfr- 
tions* 

Appliention 
on breRoh of 
oondition. 



Notice of 
prooeedings 
to penoni 
intereited. 



Framing 
issue for trial 
before other 
Court. 



Inv^niiong and Designs. 
(Part L'^Inventions* Sees. 32-35 J 



[1888: ActV. 



and used 9 is not saffioieody desoribed in the original or any amended 
specification! and that this insaflScienoy is in jarions to the public* 

32. The High Court may^ iiTespective of any provisions of the Code of 
Civil Procedure ^ in this behalf, require a person applying for a rale under XIV of 188t» 
either of the two last foregoing sections to give security for the payment of all 
costs incurred or likely to be incurred by any person appearing to ahow cause 
against the rule. 

83* (i) Any person authorized by the Governor General in Council in this 
behalf may apply to a High Court for a rule to show cause why the question 
of the breach of any condition on which leave to file a specification has been 
granted^ or any other question of fact on which the cessation of an exclusive 
privilege under section 27 may, in the judgment of the Governor General in 
Council, depend, should not be tried in the form of an issue directed by the 
Court. 

(£) If the rule is made absolute, the Court, unless the breach or other mat* 
ter of fact is admitted, may direct the issue to be tried and certify the result 
of the trial to the Gt>vernor General in Council. 

34* {1) Notice of any rule obtained or proceeding taken under section 30, 
section 31 or section 89 shall be served on all persons appearing from the 
address-book to be proprietors of the exclusive privilege, or to have shares or 
interests therein, and it shall not be necessary to serve the notice on any other 
person. 

{8) The notice shall be deemed to be sufficiently served if a copy thereof is 
left at the place for the time being stated in the address-book, by delivering 
the copy to any person resident at or in charge of the place or, if there is no 
person resident at or in charge of the place, or if the place is not within the 
local limits of the jurisdiction of the Court, by causing the notice to be sen 
to the place by post by a registered letter directed to the person to whom the 
notice is addressed. 

35« (i) The High Court may, if it thinks fit, direct an issue for the 
trial) before itself or any other High Court, or any District Court, of any 
question of fact arising upon an application under section «50, section 31 or 
section 33, and the issue shall be tried accordingly. 

. (8) If the issue is directed to another Court, the finding shall be certified 
by that Court to the Court directing the issue. 

{3) If the issue is directed to a District Court, the finding of that Court 
shall not be subject to appeal, but the evidence taken upon the tria shall be 



1 Printed, Oenem] Act^ Vol. IT, Ed. 1898, p. 261. 



1888 : Act V.] Imention$ and Deiigm. ill 

(Part J.'^Inventions. Sees* S6'>&7.) 

recordedi and a copy thereof ^ certified bj the Jadge of the Courts shall be 
transmitted^ together with any remarks which he may think fit to make 
thereon^ to the High Court, and the High Court may thereupon act upon the 
finding of the District Court, or dispose of the application upon the evidence 
recorded, or direct a new trial, as the justice of the case may require. 

86. (i) If it appears to the High Court at the hearing of an application Order on 
under section 80 or section 81 that, by reason of any of the objections speci* ^^^ »catioii. 
fied in the rule, the exclusive privilege in the invention or in any part thereof 
has not been acquired, the Court shall make an order accordingly, and there- 
upon the applicant shally so long as the order continues in force, cease to be 
entitled to the exclusive privilege. 

(j?) If it appears to the High Courts at the hearing of any such appli- 
oation as last aforesaid, that the applicant has^ in the description of his inyeii- 
tion in the application for leave to file a specification thereof or in the original 
or any amended specification, erroneously included something which at the 
date of the delivery or receipt of the application for leave to .file the specifica- 
tion was not new or whereof he was not the inventor^ or that the specification 
is in any particular defective or insufficient, but that the error, defect or in- 
sufficiency was not fraudulently intendedi the Court may adjudge the exclusive 
privilege to have been acquired and to be valid, save as to the part thereof 
afEected by the error, defect or insufficiency : or 

{S) If it appears to the High Court that the error^ defect or insufficiency 
oan be amended without injury to the public, the Court may adjudge the 
exclusive privilege in respect of the whole of the invention to be valid, and 
may, upon such terms as it thinks reasonablCi order the specification to be 
amended in any particular in which it is erroneous, defective or insufficient ; 
and thereupon the applicant shall, within a time to be limited by the Court 
for the purpose, file in the office of the Secretary a specification amended 
according to the order. 

(^ The provisions of section 18 with respect to the distribution and dis- 
posal of copies of amended specifioations, and of section 19 with respect to 
the effect of such speoificationsj shall apply, so far as they can be made appli- 
cable, to an amended specification filed under this section. 

(5) An exclusive privilege in respect of an invention shall not be defeated 
upon the ground that the application for leave to file the specification of the 
invention contains a mis-statement, unless the mis-statement was wilful or 
fraudulent. 

87* (i) In a Bait for the infringement of an exclusive privilege acquired Delivery of 
under this Part the plaintiff shall deliver with his plaint particulars of the P^*'*^'***"- 



218 Inventions and Den^m. [1888 : Act V» 

fPart Ij-^Inventionu See. S8.) 

breaches complained of in the 8uit| and the defendant shall deliver a written 
statement of the particulars of the grounds^ if any, upon which he means to 
contend that the plaintifE is not entitled to an excIuBive privilege in respect 
of the invention. 

{2) In like manner, upon an application to a High Court under section SO^ 
section 81 or section 88, the person making the application shall deliver parti- 
culars of the objections or grounds on which he means to rely. 

{3} At the hearing of any such suit or application, or at the trial of any 
issue arising out of any such applicatioui evidence shall not be allowed to be 
given in proof of any breach of the exclusive privilege, or of any ground 
impeaching the validity of that priyilege, or of any objection or ground 
affecting such a privilege, unless such breach or other matter as aforesaid 
has been stated in the particulars delivered under this section* 

(^ If it is alleged that the invention was publicly used or known before 
the date of the delivery or receipt of the application for leave to file the speci- 
fication thereof, the places where and the manner in which the invention was 
so publicly used or known shall be stated in the particulars. 

(5) Notwithstanding anything in the foregoing portion of this seotiooj 

the Court in which the suit or application is pending, or an issue arising out 

of the application is being tried, may allow the plaintiff or defendant respec* 

tively to amend the particulars delivered under this section npon such terms 

as it thinks fit. 

Title of 33. If in a suit instituted in the District Court at any time within fourteen 

aotiuu in» 

Tflntorio years from the date of the filing of a specification of an invention under this 

^^^£q Part, the actual inventor proves to the satisfaction of the Court that the 

ۥ16 of f raad. applicant was not the actual inventor, and that at the time of the application 

for leave to file the specification the applicant knew or had reason to believe 

that the knowledge of the invention was obtained by himself or by some other 

person surreptitiously or in fraud of the actual inventor, or by means of a 

communication made in confidence by the actual inventor to him or to any 

person through whom he derived the knowledge, the Court may make a decree 

declaring an exclusive privilege in respect of the invention to be vested, sub* 

ject to other provisions of this Part, in the actual inventor for a term of four* 

teen years from the date on which the specification was filed, and requiring 

the applicant to account for and pay over to the actual inventor the profits 

derived by him from the invention or so much of those profits as the Court, 

having regard to the degree of diligence exerted by the actual inventor in 

proceeding under this section and to all the other circumstances of the case, 

may see fit to require the applicant to pav. 



1888 : Act V.] InvenUoM and Designs. 219 

fPart I.^ Inventions. Sees. 39'4LJ 

39. A Court making a decree in a suit under section 29 or section 88| or ll^ranmdiiiQa 
an order on an application under section SO, section 31 or section 38, shall send dem»?nd 
a copy of the decree or order, as the case may be, to the Secretary, who shall ^^^ 
cause an entry thereof and reference thereto to be made in the register of 
inventions and against any entry in the address-book affected thereby. 

40. In the following cases, namely : — Reglifaration 
{a) when an exclusive privilege acquired under this Part has ceased under ^f ^i^^^ 

section 8 or section 16 by reason of a fee in respect of the oontinu- pi^^>l®fl:«- 

anee of the privilege not having been paid within the time limited 

by the fourth schedule for the payment thereof, and the period, if 

any, within which an order might have been made for enlarging 

the time for the making of the payment has expired ;; 
(i) when an exclusive privilege acquired under this Part has been declared 

by the Governor General in Ciouncil under section 27 to have 

ceased ; 
(e) when an exclusive privilege acquired under this Part has ceased 

under section 28 by reason of the revocation or expiration of a 

patent or exclusive privilege ; 
(j) when the whole or any part of an exclusive privilege acquired under 

this Part has ceased under section 36 in consequence of an order 

under that section ; 
{e) when an exclusive privilege has been declared by a decree to have 

vested in an actual inventor under section 88 ; 
(/) when an exclusive privilege acquired under this Part has ceased by 

reason of the expiration of the term for which it was acquired ; 
the Secretary shall cause an entry with respect to the cessation or vesting 
of the exclusive privilege to be made in the register of inventions, and a 
reference to that entry to be made in the margin of the entry in that register 
of the application for leave to file the specification of the invention. 

41. (i) If any person is aggrieved by an entry in the register of inventions Beddflcatiott 
or address-book, or by the omission of an entry therefrom, and a proceeding jJ^^SmMw 
is not provided in the foregoing portion of this Part whereby the register or ftddrciB-book. 
book may be rectified, he may apply to a High Court for an order for the 
rectification of the register or book, and the Court may make such order on 

the application as it thinks fit. 

{3) A copy of the order shall be forwarded by the Court to the Secretary, 
who shall cause an entry thereof and reference thereto to be made in the regis- 
ter of inventions and against any entry in the address-book affected thereby. 

(d) When the Secretary is a party to an application nnder this section^ the 



220 



Inventioni and Detignt, 
(Part J. — Inventions. Sect. 4S^.J 



[1688 : Act T. 



Power to 
Higli Conrt 
to stay pro- 
ceedings on 
or dismiss 
certain appli- 
oations. 

Power for 
QoTemor 
General in 
Connoil to 
reqnire grant 
of licenses. 



Assignment 

forpsrticolar 

places* 



Subseription 
of spedAca- 
tions and 
applicationB. 



Verificatioa 
ofappll( 

tiODS. 



costs of another party thereto shall not be adjadged to be payable by the 
Secretary. 

42. A High Court to which an applioation has been made under section 
80, section 81, section 88 or section 41 may stay proceedings on^ or dismiss^ 
the application if in its opinion the application would be disposed of more 
justly or conveniently by another High Coart« 

43. If on the petition oE any person interested it is proved to the 
Governor General in Council that, by reason of an inventor who has acquired 
an exclusive privilege under this Part failing to grant licenses on reasonable 
terms,— 

{a) the exclusive privilege is not being worked in British India, or 

{b) the reasonable requirements of the public with respect to the inven- 

tion cannot be supplied, or 
{e) any person is prevented from working or using to the best advantage 

an invention of which he is possessed, 

the Governor General in Council may order the inventor to grant, or may 
himself on behalf of the inventor grant, licenses on such terms as to the 
amount of royalties, security for payment, or otherwise, as the Governor 
General in Council, having regard to the nature of the invention and the cir- 
cumstances of the case, may deem just. 

44. Any person for the time being entitled to an exclusive privilege under 
this Part, or to any share or interest in sudi a privilege, in any local area 
may, subject to the conditions of bis title theretOi assign the privilege or 
such share or interest, as the case may be, for any place in or part of that local 
area. 

45. If an applicant is absent from British India, an application for leave 
to file a specification, or a specification, or an application for leave to file a 
memorandum or amended specification, may, instead of being signed by the 
applicant under section 6, section 9 or section 18, as the case may be, be 
signed on behalf of the applicant by an agent in British India authorized by 
him in writing in that behalf. 

46. (1) An application under this Fart for leave to file a specification, 
memorandum or amended specification must be verified by the person making 
the application* 

(S) If that person is absent from British India, the application may be 
verified by the agent who signs the application on his behalf. 

{3) The verification must be signed by the person making it, and must be 
to the efEect that the facts stated in the application are true to his knowledge 



1888: Act VO Inventions and Designs* £21 

CPart I. -^Inventions. Sees. 47^9. Pari II. —^Designs, See. 50.) 

except as to matters stated on information and belief^ and that as to those 
matters he believes them to be true. 

47. Subject to the provisions of the two last foregoing sections and of Agenu. 
any other enactment for the time being in force, any act which is required or 
anthorized by this Part to be done by any person may be done on his behalf 
by an agent in British India having authority in writing from that person so 
to do the act . 

48* {!) There shall be paid in respect of the several proceedings specified Fees^ 
in the fourth schedule the fees in that schedule prescribed. 

{S) The Governor General in Council may, if he thinks fit, reduce any of 
those fees and revoke or vary the reduction. 

(d) The fees payable under this section shall be collected by means of 
stamps or otherwise as the Governor General in Council directs.^ 

(^ A proceeding in respect of which a fee is payable under the fourth 
schedule shall be o£ no^ effect unless the fee has been paid. 

49. (1) The Governor General in Council may make such rules and pre* Bnlesanci 
scribe such forms as he thinks necessary for carrying out the purposes of this ^'™'' 
Part^' and may alter or amend ' either of the forms in the second and third 
schedules. 

{2) Bules under this section may provide, among other matters^ for the 
printing of specifications, memoranda and amended specifications, and for the 
distribution or sale of printed copies thereof. 



PART II. 

Designs. 

50. In this Part unless there is something repugnant in the subject or Deflnitioiu. 
context,— 

(I) " design " means some peculiar shape, configuration or form given to 
an article, or arrangement of lines or the like used on or with an article, but 
not the article itself : 

(3) ^' copyright '^ means the exclusive right to apply a design to an 
article : 



^ For notification as to manner of collecting feea payable nnder the Act, see Gaietie of India 
1889» Ft. I, Pi 182. ' 

* For rides as to the manner of dealing with appBcations under the Act, tee Gazette of India 
1888, Ft. I, p. 99. ' 

For rules as to the prepantion of applications and spedfioations filed nnder ss. 6, 8 and 
6I9 and of drawings attached to such applications or specifications, see Gasetto of India^ 1896, Ft 
I9 p. 864. 

' For notification amending the form of application in the second schedule to the Act. see 
GaMtto of India, 1892, Ft. I, p. 148. 



iZZ 



Applioalion 
far order for 
regiBtraiion 
of design. 



Be^tration 
in register of 
deugns. 



Aoqnisition 
of copyright. 



Marking 

registered 

designs. 



Inventiom and Desiffm. 
(Part IT, — Designs. Sees. 51'S4.) 



[1888 : Act V. 



(3) the author of any new and original design shall be considered the 
** proprietor '^ thereof, unless he executed the work on behalf of another person 
for a good or valuable consideration, in which case that person shall be con- 
sidered the *^ proprietor/' and every person acquiring for a good or valuable 
consideration a new and original design, or the right to apply the same to an 
article, either exclusively of any other person or otherwise, and also every 
person on whom the property in the design or the right to the application 
thereof shall devolve, shall be considered the ^' proprietor " of the design in 
the respect in which the same may have been so acquired^ and to that extent^ 
but not otherwise : and 

{4) " Secretary,*' '' District Court " and *' High Court '' have the same 
meanings as in Part I« 

51. (/) Any person, whether a British subject or not, claiming to be 
the proprietor of any new and original design not previously published in 
British India, may apply to the Governor General in Council for an order for 
the registration of the design. 

(j3) The application must be in writing in the form or to the effect of the 
fifth schedule, and must contain a statement of the nature of the design and 
be accompanied by as many copies of drawings, photographs or tracings 
thereof, nob being fewer than four, as may be required by the rules for the 
time being in force under this Part. 

(3) It must be left with^ or sent by post to^ the Secretary, and the date 
of the delivery or receipt thereof in the office of the Secretary shall be en- 
dorsed thereon and recorded in that office. 

52. (2) Upon the application the Governor General in Council may, after 
such inquiry as he thinks fit, make an order authorizing the registration of 
the design. 

{2) When an order has been made under sub«section (i), the Secretary 
shall cause the design to be registered in a book to be kept by him for the 
purpose and to be called the register of designs. 

{3) The date of registration shall be recorded in the register. 

53. When a design is registered, the proprietor thereof shall, subject to 
the other provisions of this Part, have copyright in the design during five 
years from the date of registration. 

54. (i) Before delivery on salo'cf any article to which a registered design 
has been applied, the proprietor of the design shall cause the article to b.e 
marked with the word '^registered ^^ either in full or in an abbreviated 

form. 

(3) If be fails to cause the article to^be so marked^ the copyright in the 



1888 : Act V.] Inventions and Deitgns, 22S 

CPar^ II. — Designs, Sees* 66*69.) 

design shall cease unless the proprietor shows that he took all proper steps to 
ensure the marking of the article. 

56. If the proprietor of a design exhibited at an industrial or international ^etX of ex- 
exhibition, certified as such by the Governor General in Council^ causes an registered 
application for an order for the registration of the design to be delivered to or ^^^^ 
received by the Secretary within six months from the date of the admission of 
the design into that exhibition^ the design shall not be deemed not to be a new 
and original design not previously published in British India within the mean* 
ing of section 51 by reason only of the design having been exhibited at the 
exhibition. 

56. Any person in whom the copyright in a design has become vested may Mutation o£ 
apply to the Secretary for the entry of his name in the register of designs as register o£ 
proprietor of the copyright, and the Secretary may, if he sees fit, cause the ^®'*«*^"' 
entry to be made. 

57* {!) The registered proprietor of a design may institute a suit in the Siut for in* 
District Court for the recovery of any damages arising from the application ^fcqp^hfc 
by any person to any article of the design or ol any fraudulent or obvious 
imitation thereof for the purpose of sale, or from the publication, sale or ex« 
posure for sale by any person of any article to which the design, or any fraudu- 
lent or obvious imitation thereof, has been applied, that person knowing or 
having reason to believe that the proprietor had not given his consent to such 
application. 

(S) When the Court makes a decree in a suit under this section, it shall 
send a copy of the decree to the Secretary, who shall cause an entry thereof to 
be made in the register of designs. 

58. When, from the expiration of the term of a copyright or from any Registration 
other cause, the copyright in a design has ceased, the Secretary shall cause an ^\ ^'Srieht 
entry with respect to the cessation of the right to be made in the register of 
designs. 

69« (I) A High Court may, on the application of any person aggrieved by Beotiflcation 
an entry in the register of designs, or by the omission of an entry therefrom, ^ register of 
make such order for the rectification of the register as it thinks fit. 

{2) An order under sub-section [1) may declare copyright in a design not 
to have been acquired. 

(S) A copy of the order shall be forwarded by the Court to the Secretary 
who shall cause an entry thereof to be made in the register of designs. 

(^} When the Secretary is a party to an application under this section, the 
costs of another party thereto shall not be adjudged to be payable by the 
Secretary, 



224 



Power to 
ffigh Court 
to stay pro- 
eeedings on,' 
ordisimsay 
application 
for rectifica- 
tion of regis- 
ter. 

Application 
to this Part 
of certain 
proTlsioDS 
of Parti. 



Fees. 



Bnles and 
forms < 



Inventions and DeUgm. 
(Tart II.— Designs. Sees. 60-63.) 



[1888 : Act V, 



60. A High Coart to which an application has been made under the last 
foregoing section may stay proceedings on, or dismiss, the application if^ in 
its opinion^ the application would be disposed of more justly or conveniently 
by another High Court. 

61. The provisions of the following Part I, namely :— 
{a) section 11, with respect to copies of specifications^ 

ifi) section 14, with respect to the register of inventions and the matters 

entered therein, and 
(c) section 47, with respect to the performance by an agent of any act 
required or authorized by that Part to be done by a principal, 
shall, so far as they can be made applicable, apply^ respectively, to—- * 
(a) copies of drawings, photographs or tracings accompanying an appli- 
cation for an order for the registration of a design in respect of 
which such an order has been made, 
(8) the reg^ter of designs and the matters entered and documents re- 
ferred to therein, and 
(«) the performance by an agent of any act required or authorized by 
this Part to be done by a principal. 
62* (1) There shall be paid in respect of the several proceedings specified 
in the sixth schedule the fees in that schedule prescribed* 

{S) The Governor General in Council may, if he thinks fit, reduce any of 
those fees and revoke or vary the reduction.^ 

(S) The fees payable under this section shall be collected by means of 
stamps or otherwise as the Gt)vernor General in Council may direct. 

(^ A proceeding in respect of which a fee is payable under the sixth 
schedule shall be of no efEect unless the fee has been paid. 

68« The Governor General in Council may make such rules and prescribe 
such forms as he thinks necessary for carrying out the purposes of this Part, 
and may alter or amend the form in the fifth schedule.' 



1 Ab to notification issned nnder this 8nb-section> in conjunction with ■. 48 (8), «e0 (Hzette of 
In^a, 1899, Pt. I, p. 148. 

* As to mles made nnder the power oouf erred by this lection in eonjnnotion with s. 40, 900 
Gazette of India, 1898, Pt. I, p. 854. 



1888 • Aot V*] Inventton$ and Designs. 

(Tie First Schedule. — JBnaeiments repealed. The Second Schedule.- 

Hon where Talent has not been obtained.) 



225 

•Applioa* 



THE FIRST SCHEDULE. 

Enaotmbnts bbpbaled. 

{See section 2.) 



Nnmbat and year. 



XV of 1869 



Xm of 1872 • 



rn of 1S8S 

I of 1879 .• 



Bubjeoi or titlo. 



For gran ting exdugiye PriTileges to IiiTexi- 
ton. 

Patterns and Dengns Protection Act^ 1872 . 



Protection of Inventions Act, 1888 « 
Indian Stamp Act, 1879 . 



Bxtent of BepMl^ 



So ninch as has not 
been repealed. 

So maoh as has not 
been repealed. 

The whole. 

Article 48, Schedole I. 



THE SECOND SCHEDULE. 
Afplioation whbrb Patbnt pas not bbbn obtaikbd^ 

{See sections 5 and 49.) 
To thb Goybbnoe Gbnbbal in Council. 

The application of {here insert name, occupation and address) for leave to 
file a specification under Part I of the Inventions and Designs Act^ 1888. 

!• The applicant is in possession of an invention for {state the title of the 
invention) ; he is the inventor thereof {or, as the case may be, the executor, 
administrator or assign of the inventor) ; and^ to the best of his information 
and beliefi the invention is new within the meaning of Fart I of the Inven- 
tions and Designs Act^ 1888, and no circumstance exists which, if the appli* 
cant is authorized to file a specification and files it in accordance with that 
Part^ will disentitle him to an ezdnsive privilege thereunder in respect of the 
invention. 

2. The following is a description of the invention {here describe it ani 
the particular novelty whereof it consists) . 

8. The applicant therefore applies for leave to file a specification of the 
invention pursuant to Part I of the Inventions and Designs .Act, 1888. 



VOL. V, 



{Signature and verification^ 

q 



tM Inventiom and BeiigHM. [ 1888 \ Aot V« 

(The Third Beiedule.^^Applieation white Patent hae been obtained. Thi 

fourth Sehednle^^Feei flnpentioneJ.J 

THE THIRD SCHEDULE. 
Applioatiok whbbb Fatbnt has bbxn obtainbd. 

{See eeetione 5 and 49.) 
To THB Oovbbhob Obnbbal in Council. 

The Bpplioation of {here insert name, oeeupation and addrees) for leare tor 
file a specification under Part I of die InyentioiiB aad Designs Act, 1888, 

1. The appficant {or, as the ease may be, J.B. of whom the applicant is the 
e^eentor, administrator or assign) has obtained a patent in the United King* 
dom^ dated and sealed as of the day of ^ and actually 

sealed on the day of ^|for {state the tiUe of the invention) • 

2* To the best of the information and belief of the applicant^ the inven- 
tion is new within the meaning of Part I of the Inveations and Designs Act, 
1888, and no circumstance exists which, if the applicant is authorized to file 
a specification and files it in accordance with that Part, will disentitle him to 
an exclusive privilege thereunder in respect of the invention. 

8, The following is a description of the invention {here describe it and the 
particular novelty whereof it consists). 

4, The applicant therefore applies for leave to file a specification of the 
invention pursuant to Part I of the Inventions and Designs Act, 1888. 

{Signature and verification.) 

THE FOURTH SCHEDULE. 

Fbbs {Inventions)* 

{See sections 8, 15 and 48.) 

Bs. A. p. 

(i) hi rwpeot of an Application for lea^e to file » speoifioation (seotion 5) • 10 
(jS) in lespeot of the filing of a specifioation (section 8) • • « • 80 

(3) in reepeot of an exteniion of the time for filmg a epeelfioaiioii 

(MctNnS) aooo 

(4) in respect of the oontinuanee of an exelosire privilege (section 8)^ 

{a) after the filing of the specifioation and before the expiration of 

the fourth year from the date of the filing thereof • • • 60 

(b) after the expiration of the fourth year and before the expira- 
tion of the fifth year from that date • • , « ^^OOO 

(ft) after the expiration of the fifth year and before the expiratioii 

of the sixth year from that date • • • • • 60 ( 

(i) after the expiration of the sixth year and before the expiration J 

of the seTenth year from that date • • « « •6000 



r 

1. 



1^8 : Act V^.] InvfnUong' a%S Betiffni. 227 

(Tie fonrth ScHednle. — Feeg flnu&ntioftsJJ 

THE FOURTH SCHEDULE— c(?»«»i»tfi. 

B6. ▲• p. 

(0)'Bfter the expixation of the serenth year and before tbe expira- 
tion of the eigbih jear from thai date • • • • 60 
(/) after tbe expiration of tbe eigbtb year and before tbe expira- 
tion of tbe ninth year from that date 100 

C^) after the expiration of the ninth year and before tlie expiration 

of the tenth year from that date 100 

(A) after tbe expiration of the tenth year and before the expiration 

of the eleventh year fiom that date 100 

(f) after the expiration of the eleyenth year and before the expira- 
tion of the twelfth year from that date • • • • 100 
(J) after the expiration of the twelfth year and before tbe expira- 
tion of the thirteenth year from that date • • • 100 
Trorided iliat the inventor may pay the sum total of the eaid fees in refpeet 
of tbe oontinuanoe of the exolosive privilege, or any part thereof short 
of the anm total* at any time before the same falls dne. 
^5) in respect of an enlargement of the time for payment of a fee under 
article! (4) of this sohednle (section 8)— 

(f ) if tbe eolargement does not exeeed one month • • • 10 
(ft) if tbe enlargement exceeds one month, bnt does not exceed 

two months • • • • 96 0~ 

(Hi) if tbe enlargement esoeeds two months • • • 60 

ifl) in respect of an application for an extension of an exclusive privilege 

for a'fnrther term (section 16) 60 

iZyjin respect of an order extending tbe term of an exclnsive privilege 

(section 16) • 100 

ifiyjn^ respect of the continnanco of an exnlnsiTe privilege of which the 

term has been extended (seetiott^ 16) • • • • • .100 

to he paid 
before the ex- 
piration of 
each year of 
the extended 
term : 

Provided that tbe inventor may pay the snm total of the said fees in 
respect of the oontinnanoe of tbe exclnsive privilege, or any part 
thereof short of the sum total, at any time before the same falls dne. 

^S) in respect of an application for leave to file a memorandnm or amended 

speoiftcatiOB (section 18) 20 

i^lCf) in respect of a petition to tbe Governor General In Conncil for a com- 
pulsory lioeaso (section 48) • • • • • • • 60 

(11) for tbe inspection of any book or other doenment whioh is open to im- 

speotion under Part I 100 

<I8) for copies — 

(a) when tbe number of words copied does not exeeed fiaiir bunded 1 (^ 



228 Inventions and JDesigm. [1888 : Aot V« 

(TAe lifth Seiednle.-^Jpplieation/or Order for Regutration of Design. 

The Sixth Schedule.— Fees (Designs).) 

THE FOURTH SCHEDULE— tfOfic/«J(?rf. 

B0. ▲• p. 

i5) for erer^ hundred words in exoess of .four hundred • .040 
0) of drawings or photographs oost aooord* 

ing to sgree« 
ment. 
(13) f or oertifying oopies — 

for eyery hundred words •020 



J ( 



THE FIFTH SCHEDULE. 

Applioation fob Obdbr fob Beoistration of Dbsigh. 

{See sections 51 and 63.) 
Tbe application of {here insert name^ occupation and address) for an order 
for the registration of a design under Part II of the Inventions and Designs 
Act, 1888. 

1. The applicant claims to be the proprietor of the design of which the 
nature is hereinafter stated. 

2. To the best of his information and beliefi that design is^ within the 
meaning of Part II of the Inventions and Designs Act^ 1888^ a new and 
original design not previously published in British India. 

S« copies of {drawings), (photographs), {tracings) of the design ac- 

company this application. 

4. The following is a statement of the nature of the design {here describe 

its nature) . 

5. The applicant therefore applies for an order for the registration of the^ 
design pursuant to Part II of the Inventions and Designs Act, 1888. 

{Signature.) 

THE SIXTH SCHEDULE. 

Fbbs (Designs). 

(See section 68.) 

Bs. A. p. 
[ (i) in respect of an applioation for an order for the registration of a design 

(section 51) . 10 

(SI) in respeet of a mutation of names in the register of dobigns (seetion 66) 6 
(8) for the inspeetion of any book or other dooument whioh is open to in-* 

speotion under Part II • • •••••100 

(i) foroopies — 

(en when the number of words copied does not ezoeed four hundred 10 

Si) for everjr hundred words in excess of four hundred • .040 

0) of drawiDgs, photographs or tracings • • • • • cost accord* 

ing to agree- 
ment* 
(6) for certifying copies — 

for every hundred words 020 



1888 : Act VI.] Deiton. 229 

ACT No. VI OP 1888.1 

[aSrd March, 1888.] 

An Act to amend the law relating to Imprisonment for Debt. 

Whbbbas it is expedient to amend the law relating to imprisonment for 

debt ; It is hereby enacted as follows : -— 

1. (1) This Act may be called the Debtors Act, 1886; and Xlile» 

(2) It shall oome into force at onoe. JSdS^ 

{8) Tbe several portions thereof have the same local extent as the enact- 

menta to which they respectively relate. 
3uV «* 1888. 2. After section 245 of the Code of Civil.Procedure • the following sections Addiiion of 

shall be inserted, namely :— leotion M6 

of iheOodt 
of Civil 
Frooednve. 

*^ i46A. Notwithstanding anjrthing in the last foregoing section or in any Fioliibltioa 
other section of this Code, the Court shall not order the arrest or imprison- 



ment of a woman in execution of a decree for money. ™*"* ^, 

" women in 

exeootion of 
decrees for 
money. 

''2456. (i) Notwithstanding anything in section 245 or in any other Dieoretionftrj 
section of this Code, when an application is for the execution of a decree for |^2|^^tii«r 
money by the arrest and imprisonment of a judgment-debtor who is liable to ^dgment- 
be arrested in pursuance of the application^ the Court may, instead of issuing Okow came 
a warrant for his arrest, issue a notice calling upon him to appear before the Sj^^t. 
Court on a day to be specified in the notice and show cause why he should not 
be committed to jail in execution of the decree. 

'' {2) If appearance is not made in obedience to the notice, the Court shall, 
it the decreeholder so requires, issue a warrant for the arrest of the judg- 
ment-debtor.'^ 



^ For Statement of Objects and Reasone, see Qasette of India, 1886, Pt. V, p. 606 s^ for 
Beport of tbe Select Committee, tee ibid, 1888, Pt. V, p. 24; for Debates in Coanoil*«M ibid, 
1886, Supplement, pp. 898 and 961, and ibid, 1888, Pt VI, pp. ^ and 68. 

' Ss. 2-8 of tide Act bare been declared in force in British Balacbistanby the Baluchistan Laws 
Begnlation, 1890 (I of 1890), printed, Belnchistan Code, Ed. 1890, p. 69. 

S. 10 (i) of the Act has been declared, by notification under s. 8 (a) of the Sehednled 
IHstricts Act, 1^74 (XlV of 1874), printed. General Acts, Vol. II, Ed. 189^ p. 467, to be in foraa 
in the Scheduled Districts in Qanjam and Yisagapatam, eee Fort St. George Gaiette, 1898, Pt. I, 
p. 666, and Gaiette of India, 1898, Pt. I, p. 8ft9. 

This Act, so far as it amends the Code of Ciyil Procedure (Act XIY of 1882), is in farce In the 
whole of Upper Burma (except the Shan States), the Code haying been declared in Ibroe there by 
{he Burma Laws Act, 1898 (XIII of 1898). 

The Act (except ss, 9 and 10) had been preyiously extended to the Town of Mandslay in Upper 
Burma by notification under s. 6 of Act XIV of 1874^ eee Burma Gasette, 1888, Pt. I, p. 862, and 
Qaiette of India, 1888, Ft. I, p. 871 1 ai being part of the Code of Ciyil Procedure ( Aet XIY of 
1882), it is now in force in the Municipality of Chaibassa iq the Singbhum District, aee Gaiette 
of Iii& 1896, Pt I, p. 44 ; in the Porahat Estate in the same District #m ibid, 1897, Pt. I» 

p. 1069. 

* Printed, Geueral Acti^ YoL lY, Ed. 1898, p. 862. 



9S0 J>eltof9. [1888 : Ad VL 

^ i (Sees. 3-4.) 

Amcndmeni 3. In section 250 of the said Code^ between the word ''shall '^ and the 

250 of tliio word ** issue", the following shall be inserted^ nnmely : — 

C<^- '^ subject to the provisions of sections 245 A and 246 B/'. 

Addition of 4* Alter section 8S7 of the said Code the following shall be in3erted^ 

new Beetibon •■ 

after teetioa namely :— 

887of tlie 

Code. 

F^ooeedings '^ 837A. (1) When a judgment-debtor appears before the Court in obedi- 

lom^SMudff* ence to a notice issued under section 245fi^ or is brought before.the Court 

ment-debtor after being arrested in execution of a decree for money, and it appears to the 

in obedience ,i--i iii- ««« 

tonoiioe Court that the judgment-debtor is unable from poverty or other sufficient 

tiHon^^ cause to pay the amount of the decree or, if that amount is payable by insjbfil- 

or«<ter Meet xnents, the amount of any instalment thereof ^ the Court may, upon such terms, 
in ezecution » jt w 

of ckoree for if any^ as it thinks fit, make an order disallowing the application for his 
™^^' arrest and imprisonment^ or directing his release, as the case may be« 

^^ (9) Before making an order under sub*section (i},ithe Court zn^y f^ke 
into consideration any allegation of the decreeholiler touching any of the 
following matters^ namely ;— > 

^(a) the decree being for a sum for which the judgment-debtor was bound 
as a trustee or as acting in any other fiduciary capacity to accpunt ; 
{b) tiie transfer, concealment or removal by the judgment-debtor of any 
part of his property after the date of the institution of the suit in 
which the decree was made, or the commission by him after that 
date of any other act of bad faith in relation to his property, with 
the object or effect of obstructing or delaying the decreeholder in 
the execution of the decree ; 
{e) any undue or unreasonable preference given by the jodgment^debtor 

to any of his other creditors ; 
(d) his refusal or neglect to pay the amount of the decree or some part 
thereof when he has or since the date of the decree has had the 
means of paying it ; 
{e) the likelihood of hjb abscondinjg or leaving the jurisdiction of the 
Court with the object or effect mentioned in clause {b) of this sob* 
election. 
^(5) While any of the matters mentioned in sub* seotion (^ are beings 
considered, the Court may in its discretion order the judgpient-debtpr to be 
imprisoned, or leave him in the custody of an officer of the Court^ or relc^e 
liim on his furnishing suffioieiit security for his appearance on the requisition 
of the Court. 

> C/. the Debton Act, 1899 (g2 & 88 Viet, 0. 08). 



1888 s Act VI.] Dehtor0. gSl 

f8ee9. 5-8.) 

'' {4) A jtidgmeKit;.debtor released under this eection may be re-arrested. 

'' (5) If the Conrt does not make snph an order as is mentioned in s\dbh 
seotion (1), it shall cause the jndgment-debtor to be arrested if be has not 
already been arrested and, subject to the other provisions of this Code^ com- 
mit him to jail/' 

5. To section 880 of the said Code the following shall be added^ namely :— ffff^^^^ 
'' On the application of any defendant in a suit for money in whicJi the of the Omb, 

plaintiff is a woman the Court may at any stage of the suit make a Ufc^ 
order if it is satisfied that such plaintiff does not possess any sufficient 
immoveable property within British India independent of the property ia 
suit/^ 

6. In section 640 of the said Code, after the words '' from arrest in exe* 'Amendment 

of leeiioii 640 

cation of civil process " the words '' in any case in which the arrest of women of tlie Ooda, 
is not prohibited by this Code *' shall be added. 

7. In section 642 of the said Code, for the words and figures '^except as Amendmeni 
provided in sections 256 and 643" the following shall be substituted, ofihoOode. 
namely :-*- 

'' except as provided in section 387A, sub-section (6) , and sectiQOs jti^fi 
and 643. '' 

8. After section 652 of the said Codcj the following shall be added, Addition of 
I new Metton 

namely :— after seetton 

662 of the 
Oode. 

'^ 653. (1) At any time after a warrant of arrest has been issued uod^ir Release on 
ihia Code, the Court may cancel it on the ground of the serious illness of the ^j^^^ 
person against whom the warrant was issued. Indgmeiit- 

{8) When a judgment-debtor has been arrested under this Co^^ the 
(Dourt may release him if in its opinion he is not in a fit state of health to 
undergo imprisonment. 

(3) When a judgment-debtor has been committed to jail, he may be 
released therefrom—- 

(a) by the Local Government on the ground of his suffering from any 
infectious or contagious disease^ or 

(i) by the committing Courti of any Court to which that pourt is subor- 
dinate, on the ground of his suffering from any serious illness. 

(4) A judgment-debtor released under this section may be re-arrested, but 
the period of his imprisonment shall not in the aggregate exceed that pre* 
seribed in section 342 qf section 48|^ as the case may be/' 

9. [Befeal of pari of i. 8 of the Married Woman* e Properif Ad, 19f4^ ami 

> Printed, Qeneral Aeto, Vol. II, Ed. 189Q, p. 446. 



S82 (Dehtort. Sec. 10.) [1888 : Act VL 

Civil Proeedure Code Amendment. [1888 : Act VIL 

9. SI of the Ajmere CouHe Begulation, 187 IJ] Rep. by the BepedUng and 

Amending Act, 1891 {XII of 1891). 
▲m«iidiiMiit 10, {J) For the first fifty-five words of section 48 of the Act of the Ooy- 

uSSm Aot emor of Fort St. George in Conneilj No. VIII of 1865/ the following shall 
2™^^ be substituted, namely:— 
Mtk XII of << No person shall be imprisoned as a defaulter for a longer period than six 

months whatever the amount of the arrears may be, nor for a longer period 

than six weeks if the arrears do not exoeed fifty rupees." 

{2) For the proviso to section 163 of the North- Western Provinces Bent Xllof laSL 

Act, 1881,' the following shall be substituted, namely :— > 

'' Provided that the time for which a debtor may be confined in execution 

of a decree under this Act shall not exceed six weeks when the amount decreed 

(exclusive of costs) does not exceed fifty rupees, or^six months in any othet 

case." 



ACT No. VII|op 1888/ 

\93fd March, iSSS.] 

An Aot to amend the Oode of Oiyil Procedure, the Indian 
Registration Act, 1877j and the Indian Limitation Act, 1877. 

Whb&bis it is expedient to amend the Code of Civil Procedure, the XIY U, 

^ Printed, Ajmere Code, Bd. 1898, p. 147. 
> Printed, Madru Code, Bd. 1888, p. 280. 

* For Act XII of 1881, tee the reyised edition, m modified up to Ist July, 1897, published by 
the Legielative Department. 

* For Stfttemeot of Objecte and Reeeona, §6$ Gazette of India, 1886, Ft. V, p. 865 ; for the 
Beport of the Select Committee, Me ihid, 1888, Pt. V, p. 27 ; and for debates in Coaneil, «m 
Qtfette of India, 1886, Supplement, pp. 1194 and 1279, and ihid, 1888, Pt VI, pp. 67 

.M 77. 

This Aet (ezeept so mnch thereof as amends the Indian Begistration Act, 1877, and the 
Indian limitation Aet, 1877, which is already in force) has been extended, by notification nnder 
t. 6 of the Scheduled Districts Act, 1874 (XIV of 1874), printed. General Acts, VdL II, Bd. 
1898^ Pi 467, to the following Scheduled Distrioti :— 

The DistricU of Darjeeling and Jal- 8e§ Caloutta Gazette, 1888, Pt. I, p. 869, and 

piUguri, and the Mahil of Angul. Gazette of India, Pt. I, p. 624. 

The DistricU of Haz&riUlgh, Loh^r- Ditto, 

dagi (including the District of 
Palamau, then a part of Loh4r- 
dagiL) and M4nbhum, and the Par- 
gana of Dhilbhom. 
The Fargana Jauosar Biiwar in the 8$e North- Western ProTinoes Gazette. 1888| Ft. 
Dehri Ddn District and the sehe- I, p. 617, and Gazette of India, 1SB8» Pib. I, 

duled portion of the Mirsipar p* 496. 

Distriet. 
The Scheduled Districts of the Central B$§ Central Provinces Gazette, 1888, Ft. II, p. 
Provinces. 198, and Gazette of India, I8881 Ft I, p. 408. 

The District of Coorg . • • iSse Coorg Gazette, 1888, Ft. I, p. 9^ and 

Gazette of India, 1888, Ft. I, p. 409. 
The Andaman and Nicobar Islands • 8$$ Andaman and Nioobar Islands Gazette, 8xd 

November, 1888, and Gazette of India» 188& 
Pt. II, p. 617. 



1888 : Act YII.] Civil Procedure Cods Amendment. 2S3 

(Sece. 1-3.) 

Ill of 1877. Indian Regifltration Act, 1877^^ and the Indian lamitatioii Aot^ 1877 ; ^ It is 
ZV of 1877. hereby enacted as follows •*— 

1. (i) This Act may be called the Civil Procedure Code Amendment 
Act^ 1883 ; and 

(2) It shall come into force on the first day of July, 18 88, 

2* (1) In this Act, unless there is something repugnant in the subject OomtruetlmL 
or context, /'section'' means a section, '' schedule '' a schedule, and '^ Chap- 
lit of 188a. ter^' a Chapter, of the Code of Civil Procedure." 

{2) Any reference in any enactment heretofore passed or hereafter to be 
passed to any Act amended by this Act shall, so far as may be, be read as if 
made to that Act as so amended. 

8. The following shall be inserted after section 4, namely :-— new ^ti^ 

after M0fei(m 
4* 

''4A. (i) Where anylRevenue Courts are governed by the provisions of ^^^T'^^ 
the Code of Civil Procedure in those matters of prooedure upon which any Codem iti 
special enactment applicable to them is silent, the Local Oovernment, with ^^yoQn^ 
the previous sanction of the Governor General in Council, may, by notification Conrto. 
in the official Gazette, declare that any portions of those provisions shall not 
apply to those Courts, or shall only apply to them with such modifications as 
the Local Government, with the sanction afores^d, may prescribe. 

The ProTince of Sind • . . iS^tf Bombay Goyemment Oasette, 1888, Pt. I, p. 

880, and Gazette of India, 1888, Pt. I, p. 478. 
The Districts of EiLmrnp, Nowgong Bu AMam Gazette, 1888, Pc II, p. 405, and 
(excluding the Mikir Hills Tract), Gazette of India, 1888^ Pt. I, p. 478. 

Darrang, Sibeiigar, Lakhimpor 
(ezclading the Dibrngarh Fron- 
tier Tract), Gk)dlpira (excluding 
the Eastern Dy&rs), Sylhet and 
Cachar (ezclacUng the North 
Cachar Hills) (except also «. 6S). 
The whole Act (except ss. 66 and 66) has been extended, under the same section, to the 
Scheduled Districts of the Punjab, see Gazette of India. 1889, Pt I, p. 299, and to Ajmere- 
MerwAra (ss. 66 and 66 being already in force), tee Gazette of India, 1889, Pt. II, p. 220. It is In 
force In the Knmion Division oorresponding to the Scheduled Districts, <^ Eumkon and Garhwfi 
and the Tar^ Parganss, so far as it amends the Code of Ciyil Procedure (Act XIV of 1882) aa 
being part of that Code, which was extended thereto under the same section by Notification 
No. 641- y 11-281, dated the 27th June. 1894^ eee Gazette of India, 1894, Pt. I, p. 578. 

So much of the Act as amends the Indian Registration Act, 1877, and the Indian Limitation 
Act, 1877, has, under s. 8 {a) of the Scheduled Districts Act, 1874, been declared in force in the 
Districts of Haz^b^b, Lobdbdagi (including the Palamau District then a part of the LohirdagA 
District) and MtobhuiDy and in the Pargnna of Dbilbbnm and the Kolh&n in Singbhom, eee 
Galeutta Gazette, 1888, Pt I, p. 969, and Gazette of India, 1888, Pt. I, p. 624. 

This portion of the Act has also been declared, under s. 8 of the Santhfl Parganaa Settlement 
Regulation (III of 1872) as amended by the Santhill Ftoganas Laws Regulation, 1886 (III of 
18^ to be in foroe in the SanthiU Parganas, He Calcutta Gazette, 1896, Pt. I, p. 810. 

So muoh of the Act as amends the Code of Ciril Prooedure (Act IWot 1882) and the Indian 
Limitation Act, 1877 (XT of 1877) is in force in Upper Burma (except the Sban States) as being 
part of those two Acts declared in force there by the Burma Laws Act, 1898 (XIII of 1898). 

The Act had to the same extent been previously extended to the Town of Mandalay only, in 
Upper Burma, by notification under a. 6 of the Scheduled Districts Act, 1874 (XIV of 1874), «•# 
Gazette of India, 1888. Pt I, p. 47& 

> Printed, General Acts, Vol. m^ Ed. 1898, pp. 41 and 76, respeotirely. 
* Printed, General Acts, YoL IV, Ed. 1898, p. 262. 



SS4 



Civil Procedure Code Amendment* £1888 : Act VII. 

(Sees. B'7,J 



Addition to 
■ection 14. 



Addition oi 
new Motion 
after ffeetion 

Flaoe for 
ittftltntion of 
rait where 
local Umita 
of jnriadie- 
tion of Gourta 
are uncer- 
tain. 



Addition to 
ieotion 17. 



{8) ' Bevenne Court ' in Bub-section (i) means a Court having jorisdio* 
tion under any local law to entertain 8nit« relating to the rent, revenue 
or profits of land used for agricultural purposes, but does not include a Civil 
Court having original jurisdiction under this Code to try such st^its as being 
suits of a civil nature of which its cogniasanoe is not barred by any enactment 
for the time being in force/' 

4. [Repeal of part of eeetion 8.] Rep. by the Repealing and Amending 
Jet, 1891 {XII of 1891). 

6* To section 14 the following shall be added, namely : ^- 

** Where a suit is instituted in British India on the judgment of any foreign 
Court in Asia or Africa except a Court of Beoord established by Letters 
Patent of Her Majesty or any predecessor of Her Majesty or a Supremo 
Consular Court established by an Order of Her Majesty in Council the Court 
in which the suit is instituted shall not be precluded from inquiry into the 
merits of the case in which the judgment was passed/' 

6. The following shall be inserted after section 16, namely :— 

^'16 A. (i} When.it is alleged to be uncertain within the local limits of 
the jurisdiction of which of two or more Courts any immoveable property is 
situate, any one of those Courts may^ if satisfied that there is ground for the 
alleged uncertainty, record a statement to that effect and thereupon proceed to 
entertain and dispose of any suit relating to that property, and its decree] in 
the suit shall have the same effect as if the property were situate within the 
local limits of its jurisdiction : 

^' Provided that the suit is one with respect to which the Court is compe- 
tent as regards the nature and value of the suit to exercise jurisdiction, 

'' 2 Where a statement has not been recorded under sub-section (i), and 
an objection is taken before an appellate or revisional Court that a decree or 
order in a suit relating to such property was made by a Court not having 
jurisdiction where the property is situate, the appellate or revisional Court 
shall not allow the objection if in its opinion there wi^, at the time of the 
institution of the suit, any reasonable ground for uncertainty as to the Court 
haying jurisdiction with respect thereto/' 

7. In section 17, after Explanation II, the following shall be inserted, 

namely : — 

'^ EXPLANATION Ill.^-In suits arising out of contract, the cause of action 
arises within the meaning of this section at any of tjie following places^ 
namely :— 

(i) the place yrher^e tb^ 9pn(;rapt yas pi||de } 



1888 : Act VIL3 ^**^^ Procedure Code Amendmeni, 285 

(Seee. 8-10 J 

(]]) the place where the contract was ta be performed or performance 

thereof completed ; 
(iii) the place where in performance of the contract any money to which 
the suit relates was expressly or impliedly payable." 
8, In section 47 there shall be inserted after the words " the Court may '' Amendme^ 
the words " at any stage of the suit ", and after the words " any lother'person 
or persons '^ the words *^ with his or their consent ''. 

9 For section 58 the following shall be substitnted, namely : — SubBtitution 

of new 



eeotion for 
Becftion 68. 



" 58. The plaint may, at the discretion of the Court,— Wheaplaint 

la) at, or at any time before, the settlement of issues be rejected if it rejected, 

does not disclose a cause of action ; IroSS^eS' 

lb) at, or at any time before, the settlement of issues be returned for or amended. 
amendment within a time to be fixed by the Court, and^upon snch 
terms as to the payment of costs occasioned by such amendment as 
the Court thinks fit, if it— 
(i) is not signed and verified as hereinbefore required, 
(ii) does not state correctly and without prolixity the several 
particulars hereinbefore required, or contains particulars 
other than those so required, 
(iii) is wrongly framed by reason of nonjoinder or misjoinder of 
parties, or joins causes of action which ought not to be joined 
in the same suit, or 
(iv) is not framed in accordance with the provisions of section 4*2 ; 
Ic) at any time before judgment be amended by the Court upon such 
terms as to the payment of costs as the Court thinjks fit : 
Provided that a plaint shall not be amended either by the party to 
whom it is returned for amendment, or by the Court, so as to x^nvert a suit 
of one character into a suit of another and inconsistent character. 

When a plaint is amended under this section the amendment shall be 
attested by the signature of the Judge/' 

10. For section 72 the foUpwing shall be substituted, namely :— Subetitation 

of new 



Booiion for 
geotlon72. 



" 74, {1) If the d^efendant resides within the jurisdiction of the Court in P^^^^^TJ* 
which the suit is instituted, or has ian agent resident within that jurisdiction of rammons 
who is empowered to accept the service of the summons, the summons shall *" ■«^<»' 
ordini^rily be delivered or sent to the proper officer to be served hj him or one 
of ais subordinates. 



286 



Civil Procedure Code Amendment. [1888 : Aot VIL 
(Beee. 1U13.) 



Amendment 
«f lection 82. 



Babctttntion 
of new 
lection for 
•ection 90. 

Service in 

fordg^ 

terriloiy 

wrong^h 

Biitieb 

Beeident or 

Court 



Sabfltitation 
of new aeo- 
tioDi for aeo- 
tioni 141 and 
142. 

Sndone- 
menU on 
docamente 
admitted in 
eiridenoe. 



Bndofea- 
mentaon 
eopieeof 
admitted 



** (9) The proper officer may be an officer of another Court than that in 
which the salt is instituted, and^ where he is such an officer, the summons may, 
subject to any rules which the High Court may make in this behalf, be sent 
to him by post or in such other manner as the Court may direct/^ 

11. In section 82^ for the first twenty words the following shall be substi- 
tuted, namely : — 

''When a summons is returned under section 80, the Court shalli if the 
return under that section has not been verified by the affidavit of the serving- 
officer, and may, if it has been so verified, examine the serving-officer on oath, 
or cause him to be so examined by another Court, touching his prooeedings/' 

12. For section 90 the following shall be substituted, namely :— • 

'' 90. If there is a British Besident or Agent, or a Superintendent ap- 
pointed by the British Government, or a Court established or continued by the 
authority of the Governor General in Council, in or for the territory in which 
the defendant resides, the summons may be sent to such Besident, Agent, 
Superintendent or Court| by post or otherwise, for the purpose of being 
served upon the defendant ; and, if the Besident, Agent or Superintendent or 
the Judge of the Court returns the summons with an endorsement under his 
hand that the summons has been served on the defendant in manner hereinbe- 
fore directed, such endorsement shall be evidence of the service.^' 

13. For sections 141 and 142 the following shall be substituted, 
namely : — 

'' 141. (i) Subject to the provisions of the next following sub^section^ 
there shall be endorsed on every document which has been admitted in evidenoe 
in the suit the following particulars, namely :— • 

(a) the number and title of the suit, 

{b) the name of the person producing the document, 

{e) the date on which it was produced, and 

(^ a statement of its having been so admitted, 

and the endorsement shall be signed by the Judge. 
'^ (9) If a document so admitted is an entry in a book, account or record, 
and a copy thereof has been substituted for the original under the next follow 
ing section, the particulars aforesaid shall be endorsed on the copy and the 
endorsement thereon shall be signed by the Judge. 

'* 141 A. (2) If a document admitted in evidence in the suit is an entry in 
a shop-book or other account in current use, the party on whose behalf the 
account is produced may furnish a copy of the entiy. 



1888 : Act VII.] Civil Procedure Code Amendment. 287 

(Sea. 14-17.) 

" {S) If such a dooament is an entry in a public record produced from a entries in 

public office or by a public officer^ or an entry in a book or account belonging accoanto and 

to a person other than a party on whose behalf the book or account is pro* '^ord** 
duced, the Court may require a copy of the entry to be furnished — 

(i) where the record, book or account is produced on behalf of a party, 

then by that party, or 
(ii) where the record, book or account is produced in obedience to an 

order of the Court acting of its own motion, then by either or any 

party. 

'' (S) When a copy of an entry is furnished under the foregoing provisions 
of this section, the Court ehall, after causing the copy to be examined, com- 
pared and attested in manner mentioned in section 62, mark the entry and 
cause the book, account or record in which it occurs to be returned to the 
persoQ producing it. 

" 142. When a document relied on as evidence by either party is con- Endorse- 

mention do* 

sidered by the Court to be inadmissible in evidence, there shall be endorsed enments re- 
thereon the particulars mentioned in clauses (a), (6) and (e) of section 1 41, j^misSble 
sub-section (7), and a statement of its having been rejected^ and the endorse* ^° evidence, 
ment shall be signed by the Judge. 

^^ 142A* (i) Every document which has been admitted in evidence, or a Beeordingof 
copy thereof ivhere a copy has been substituted for the original under section and retain of 
141 A, shall form part of the record of the suit rejerted doon- 

^' (2) Documents not admitted in evidence shall not form part of the 
record and shall be returned to the parties respectively producing them. '' 

14. In section 148, for the words and figures " sections 62, 141 and 142 '' Amendment 

. * . o* section 

there shall be substituted the following, namely :— « 148. 

^^ section 62, section 141A, sub-section (d), or section 142A, sub-section 

15. In section 159 the words '^ or sent '' shall be inserted after the word Amendment 
" delivered »'. iIqT^'''' 

16. In section 168, for the words '^ shall examine the serving-officer on Amendment 
oath " the following shall be substituted, namely :— '' shall if the certificate 168?^^ 
of the serving-officer has not been verified by affidavit, and may if it has been 

80 verified, examine the serving-officer on oath, or cause him to be so examined 
by another Court ". 

17. The following shall be inserted after section 186, namely :-^ Addition of 

new section 

after section 
186. 

'*186A. U) Th« Local Government may, by notification in the official ^^''•"'» 



288 



Local Gh>T« 
eminent to 

ence to bo 
reoordedin 
Bngliih. 



Addition to 
■ection 191. 
Power to deal 
with eyidenoe 
taken down 
by another 
Judge. 



Addition to 
lection 198. 



Amendment 
of leetion 

t09. 



Civil Procedure Code Amendment. [1888 : Act Vllt 
(Seci. 18^20.) 



Gazette, direct, with respect to any Judge specified in the notification, or 
following under a description set forth thereiui that evidence in oasee in 
which an appeal is allowed shall, instead of being taken down in the manner 
prescribed in the foregoing sections, be taken down by him with his own hand 
in the English language, 

'* (2) Where a Judge is prevented by any sufficient reason from comply- 
ing with a direction under sub-section (i), he shall record the reason and 
cause the evidence to be taken down in writing from his dictation in open 
Court. 

'^ {3) Evidence taken down under sub-sectdon (i) or sub-section {2) shall 
be taken in the form mentioned in section 182, and be read over and signed, 
and, as occasion may require, interpreted and corrected as if it were evidence 
taken down under that section* 

*^ ,{4) The Local Government may, by notification in the official Gazette, 
revoke or vary a direction notified under sub-section. (i).'' 

18« For section \\9l the following shall be substituted, namely :— 

*' 191. (7) Where the Judge taking down any evidence, or causing any 
memorandum to be made, under this Chapter, is prevented by death, transfer 
or other cause from concluding the trial of the suit, any successor to such 
Judge may deal with such evidence or memorandum as if be himself had taken 
it down or caused it to be made, and proceed with the suit from the stage at 
which his predecessor left it. 

^' (S) The provisions of sub-section (i) shall apply, so far as they can be 
made applicable, to a suit transferred under section 26 : 

'' Provided that a Coui-t transferring a suit under that section may, if it 
thinks fit, direct that the Court to which the suit is transferred shall recall aft 
or any of the witnesses who have been examined and take their evidence 

afresh/' 

19. To section^l93 the following shall be added, namely :— 

'' A Conrt continuing a suit under section 191 may recall and re-examine a 
witness who has departed in accordance with section 178. '' 

20. (i) In section 209, for the first thirteen words the words '' When a 
decree is for the payment of money '' shall be substituted. 

(d) To the same section the following shall be added, namely :— • 

'* Where such a decree is silent with respect to the payment of further in- 
terest on such aggregate sum as aforesaid from the date of the decree to the 
date of payment or other earlier date, the Court shall be deemed to have 
tetosed such interest, and a separate suit therefor ehatt not lie. '' 



1808 : Act VII.] Cipil Proeedure Code Amendment. 289 

(8ee9. 2U260 

21, (/) In section 216^ for the first twenty-four words the following shall Amendment 
be snbstitated^ namely :— 216? ^ 

*^ If the defendant has been allowed a set-ofE against the claim of the 
plain ti£E '\ 

{2) To the same section the following shall be added^ namely : — 

I '^ The provisions of this section shall apply whether the set-ofE is admis- 
sible under section 111 or otherwise/' 

22* In section 223, for the words '' in a case cognizable by a Court of Amendment 
Small Causes " the following shall be substitutedj namely : -— ^^ 

'' in a suit of which the value as set forth in the plaint did not exceed two 
thousand rupees and which^ as regards its subject-matter, is not excepted \jrj 
the law for the time being in force from the cognizance of either a Presidency 
or a Provincial Court of Small Causes. '' 

23* In section 229, after the word '^established '' the words ''or conti- Amendment 
Dued " shall be inserted. 229. 

24. After section 229 the following shall be inserted, namely i^» Addition of 

new section 
after section 
289. 

'' 229A. So much of the foregoing sections of this Chapter as empowers a Sending of 
Court to send a decree for execution to another Court shall be construed as BritiuSi Bi- 

empowering a Court in British India to send a decree for execution to any ^^^ 9??^ 

to Bntisn 

Court established or continued by the authority of the Governor General in Conrtt in 
Council in the territories of any Foreign Prince or State to which the Gov- stottt! 
ernor General in Council has, by notification in the Gazette of India, declared 
this seetion to apply. ** 

25. [Repeal of part of eeetion 230^ Sep. hy the Repealing and Amending 
Jet, 1891 iXII qf 1891). 

26. (i) In section 244, for clause {c) the following shall be substituted^ Amendment 
namely :— ^~"^"^ 

'' (e) any other questions arising between the parties to the suit in which 
the decree was passed, or their representativesi and relating to the 
execution, discharge or satis&ction of the decree or to the stay of 
execution thereof. '' r 

(2) To the same section the following shall be added, namely :«— 

'^ If a question arises as to who is the representative of a party for the pun- 
poses of this section, the Court may either stay execution of the decree untfl 
the question has been determined by a separate suit or itself determine the 
question by an order under this section. '' 



240 



AmflDdment 

oif'idotioii 

268. 



Amendment 
of eeoHoQ 

Me. 



Additioii to 
Motion 880. 



Civil Procedure Code Amendment. 
(8eei. 27'30.J 



[1888: Act VIL 



27. For the last paragraph pf seotioQ 258 the following shall be substi- 
tuted, namely : — 

'^ Unless such a payment or adjustment has been certified as aforesaid^ it 
shall not be recognized as a payment or adjustment of the decree by any Court 
executing the decree/' 

28. (■/) In the first proviso to section 266, clause (a), the words *' and 
bedding '' shall be inserted after the word ^'appareP'. 

(8) In the same proviso, clause (d)^ after the word ^^ cattle '' the words 
" and seed-grain '^ shall be inserted. 

(3) In the same proviso, for clause (i) the following shall be substituted^ 
namely : — 

* ** (k) the salary of a public officer or of any servant of a Railway Com- 
pany or local authority to the extent of — • 

(i) the whole of the salary where the salary does not exceed twenty 

rupees monthly ; 
(ii) twenty rupees monthly where the salary exceeds twenty rupees and 

does not exceed forty rupees monthly ; and 
(iii) one moiety of the salary in any other case.'/^ 

(4) To the same proviso, after clause (Q, the following shall be added, 
namely :— 

** {m) any allowanoe declared by any law passed under the Indian Coun- 
cils Act, 1861/ by a Governor or a Lieutenant-Governor in Coun- S^& BSIVM^ 
cil to be exempt from liability to attachment or sale in execution 
of a decree ; 
(n) where the judgment-debtor is a person liable for the payment o£ ' 
land-revenuCi any moveable property which under any law appli- 
cable to him is exempt from sale for the recovery of an arrear of 
such revenue." 

(5) In the explanation to the same proviso^ for the word and letter ** and 
(f)'^ the letters and word '^ (/ ) and {m) '^ shall be substituted. 

29. \^dmendment of seetian S89,'\ Rep. hg the Repealing and Amending 
Act, 1891 {XII of 1891). 

30. To section 820 the following shall be added, namely :»- 

*' Rules under this section may confer upon the Collector or any gazetted 
subordinate of the Collector all or any of the powers which the Court might 
exercise in the execution of the decree if the execution thereof had not been 
transferred to the Collector^ including the powers of the Court under sections 



^ Fzinted, CkdleotUm of Statntef relating to In&» Vol. II, Ed. 1881, p. 686. 



1888 : Act VII.] Civil Procedure Code Amendment. 241 

fSeee. 3U32.) 

£94 and 812^ and may provide for orders passed by the Collector or any gazet- 
ted subordinate of the Collector, or orders passed on appeal with respect to 
such orders, being subject to appeal to- and reyision by superior Revenue- 
authorities as nearly as may be as the orders passed by the Court, or orders 
passed on appeal with respect to such orders, would be subject to appeal to and 
revision by appellate or revisional Courts under this Code or other law for the 
time being in foroe if the decree had not been transferred to the Collector. 

^' A power conferred by the rules upon the Collector or any gazetted 
subordinate of the Collector, or upon any appellate or revisional authority, 
shall not be exerciseable by the Court or by any Court in exercise of any ap- 
pellate or revisional jurisdiction which it has with respect to decrees or orders 
of the Court. 

'' In executing a decree transferred to the Collector under this section, the 
Collector and bis subordinates shall be deemed to be acting judicially within 
the meaning of Act No. XYIII of 1850 {an Act for the proteeiion of Judicial 
Officers):'^ 

31« (T) In section 849, for the words ''is under arrest '' the words '^ is in Ameudment 
custody under the foregoing provisions of this Code '* shall be substituted. ^X. ^ 

{2) In section 854, between the word '^ and '' and the words '^ shall 
operate ^^ the words '' every order under that Bcction appointing a Receiver '' 
shall be inserted. 

(3) For the second paragraph of section 860 the following shall be substi- 
tuted, namely: — 

'^ A Court so invested may entertain an application under section 844 by 
any person who has been arrested or imprisoned, or against whose property an 
order of attachment has been made in execution of a decree for money passed 
by that Court. *' 

{4) At the end of Chapter XX the following shall be inserted, namely ; — 

''S68A. Nothing in this Chapter shall apply to any Court having juris- Inapplica- 
diction within the limits of the town of Calcutta, Madras or Bombay/' ^^jJJ^^J ^^ 

Preddenoy- 
towni. 

32. (/) For sections 863 and 364 the following shall be substituted. Amendment 
1 of Chapter 

namely :— XXL 

'^ 368. If there are more plaintiffs than one, and any of them dies, and if Procedore 
the right to sue does not survive to the surviving plaintifE or plaintiffs alone, ^ MTm? 
but survives to him or them and the legal representative of the deceased P^j^^f* ^ias 

and right to 

plaintifE jointly, the Court may cause the legal representative^ if any, of the ioe does not 
► .^^_ inrviTeto 

> Printed* General Acts, VoL I, Ed. 189Q, p. 61. 

VOL. V. S 



212 



Civil Procedure Code Amendment. [1888 : Act VII, 
(Sees. 33'S4.J 



Borviving 
plaintifb 
filone. 

Prooedure in 
ease of death 
of sole or sole 
flaryivinff 
plaintiff. 



Power for 
Conrt to ex- 
tend period 
of limitation 
prescribed 
for certain 
appltcationg. 

Addition to 
section 881. 



Amendment 



deceased plaintiff to be made a party^ and shall thereupon caase an entry to 
that effeot to be made on the record and proceed with the suit/' 

(9) For section 865 the following shall be sabstitated^ namely :— 

'' 866. In case of the death of a sole plaintifiE or sole surviving plaintiff, 
the legal representative of the deceased may^ where the right to sue snryives, 
apply to the Court to have his name entered on the record in place of the 
deceased plaintiff , and the Court shall thereupon enter his name and proceed 
Willi the suit/' 

{3) To section 868 the foUowiog shall be added, namely :— « 
'^ The legal representative of a deceased defendant may apply to have him- 
self made a defendant in place of the deceased defendant, and the provisions 
of this section, so far as they are applicable, shall apply to the application {and 
to the proceedings and consequences ensuing thereon/' 

[4) After section 872 the following shall be added, namely :-^ 

'''STSA. The provisions of section 5 of the Indian Limitation Act, 1877,^ XV of 1877. 
applicable to appeals shall apply to applications under sections 865, 866, 868 
and 871." 

83» To section 881 the following shall be added, namely :^ 

<' or show good cause why such time should be extended, in which case the 
Court may extend it, 

<< Where a suit is dismissed under this section, the plaintiff may apply for 
an order to set the dismissal aside, and, if it is proved to the satisfaction of 
the Conrt that he was preyented by any suflScient cause from furnishing the 
security within the time allowed, the Court shall set aside the dismissal upon 
such terms as to security, costs or otherwise as it thinks fit, and shall appoint 
a day for proceeding with the suit, 

<' The dismissal shall not be set aside unless the plaintiff has served the 
defendant with notice in writing of his application. 

"The provisions of the Indian Limitation Act, 1877,^ wifli respect to an XV of 1877. 
application under section 108, and of this Code with respect to an appeal from 
an order rejecting such an application, shall apply, so far as they can be made 
applicable, to an application under this section for an order to set aside the 
dismissal of a suit, and to an appeal from an order rejecting such an applica- 
tion^ respectively." 

84. In section 886, for the words '' or to any pleader of a High Court 



1 Frinted, Ckntnd Acti, Vol. Ill, Bd. ISea^ p. 76. 



X 



1888 : Act VIL] Civil Procedure Code Amendment. 243 

(Sea. 85^8.J 

whom tbe Court issuiDg the commission thinks fit to appoint '^ the following of section 
shall be substitated, namely :— ^^• 

'^ or to any pleader or other person whom the Court issuing the commission 
may, subject to any rules of the High Court in this behalf, think fit to 
appoint. ** 

35. In section 419, after the words ''Government Pleader in any Courf Amendment 
the words '' or such other person as the Local Qovernment may for any Court 419, 
appoint in this behalf " shall be inserted* 

36. In section 424, after the words ''intending plaintiff '^ the words "and Amendment 
the relief which he claims " shall be inserted. ofaection 

37« (i) In section 432, after the words " British India ^^ the following Amendment 
shall be inserted, namely :— of wotlon 

'' or at the request of any person competent in the opinion of the Govern- 
ment to act on behalf of such Prince or Chief. '^ 

(2) To the same section the following shall be added, namely :•— 

" An appointment under this section may be made for the purposes of a 
epecified suit or of several specified suits, or for the purpose of all soch suits as 
it may from time to time be necessary to prosecute or defend on behalf of the 
Prince or Chief. ^ 

" A person appointed under this section may authorize or appoint persons 
to make and do appearances, applications and acts in any such suit or suits as 
if he were himself a party to the suit or suits/' 

38. For section 483 the following shall be substituted, namely:— 8ab«titati<m 

of new seo- 

tion for eeo* 
fion488. 

'' 433. (1) Any such Prince or Chief, and any ambassador or envoy of a Snlt against 
Foreign State, may, -with the consent of the Governor General in Council, ^^2f*' 
certified by the signature of one of the Secretaries to the Government of India ambassadon 
(but not without such consent), be sued in any competent Court. envoy*. 

" (8) Such consent may be given with respect to a specified suit or to 
several specified suits, or with respect to all suits of any specified class or 
classes, and may specify, in the case of any suit or class of suits, the Court in 
which the Prince, Chief, ambassador or envoy may be sued ; but it shall not 
be given unless the PrincCi Chief, ambassador or envoy-* 

(a) has instituted a suit in the Court against the person desiring to sue 

him, or 
(fi) by himself or another trades within the local limits of the jurisdiction 

of the Court, or 
(e) is in possession of immoveable property situate within those limits anl 

B 8 



2U 



Trauspoflition 
and amend- 
ment of seo- 
laon 434. 



iDsertion of 
new section 
484. 
Style of 
Princes and 
Chiefs as 
parties to 
suits. 



Amendment 
of section 
608. 

Amendment 
of section 
604. 



Amendment 
of section 
689. 

Addition to 
section 640* 



Civil Procedure Code Amendment. [1888 : Act VII* 
(Sees. 39^45.) 



it 



is to be Bued with reference to such possession or for money charged 
on that property. 
(3) No such Prince, Chief ^ ambassador or envoy shall be arrested under 
this Code, and, except with the consent of the Governor General in Council 
certified as aforesaid, no decree shall be executed against the property of any 
such Prince, Chief, ambassador or envoy. 

'^ (^ The Governor General in Council may, by notification in the Guzetta 
of India, authorize a Local Government and any Secretary to that Govern- 
ment to exercise, with respect to any Prince, Chief, ambassador or envoy 
named in the notification, the functions assigned by the foregoing sub-sections 
to the Governor General in Council and a Secretary to the Government of 
India, respectively. 

*\ (5) A person may, as a tenant of immoveable property, sue, without snch 
consent as is mentioned in this section, a Prince, Chief, ambassador or envoy 
from whom he holds or claims to hold the property. " 

39. (1) Section 434 shall become section 229B, and any reference made 
before the commencement of this Act in any notification or other document to 
section 434 shall be read as a reference to section 229B. 

^* {2) In section 229B, the words ^' or continued " shall be inserted after 
the word ^' established '\ 

40. After section 438 the following section shall be inserted, namely :— 

*^ 434. A Sovereign Prince or ruling Chief may sue, and shall be sued, in 
the name of his State : 

^' Provided* that in giving the consent referred to in the last foregoing sec- 
tion the Governor General in Council or Local Government, as the case may 
be, may direct that any such Prince or Chief shall be sued in the name of an 
agent or in any other name. '^ 

41. [Addition to section 464. Princes and Chiefs and wards of Courti\ 
Bep. by the Repealing and Amending Act, 1891 {XII of 1891).^ 

42. In section 603, clause (d), the words '^ as the Conrt thinks fit ^' shall 
be inserted after the words '' by way of remuneration ''. 

43. In section 604, for the words ^' the Court may appoint the Collector" 
the words ^' the Court mayj with the consent of the Collector, appoint him^' 
shall be substituted. 

44. In section 639, for the words ^^ having a direct interest the words 
** having an interest '^ shall be substituted. 

45. To section 640 the following shall be added, namely : — 

''an appeal may lie under this section from an original decree passed ex 



paftd' 



n 



^ Printed. General Actt, Vol. VI, Ed. 189a 



1888: Act VII.] Civil Procedure Code Amendment. 245 

CSees. 46^48.) 

46. To seotion 649 the foUoT^ing shall bemadded, namely : — Addition to 
" If Bach security be furoished^ any costs for which a surety may have •®*^**°" ^^* 

rendered himself liable may be recovered from him in execution of the decree 
of the Appellate Court in the same manner as if he were the appellant.^' 

47. {!) For section 551 the following shall be substituted^ namely :— Babstltation 

of new tee* 
tion for b«o- 
tion 561. 

^'551. (i) The Appellate Courts if it thinks fit^'^may^ after fixing a day Power to dis- 
for hearing the appellant or his pleader and hearing him accordingly if he "ithout 
appears on that day^ dismiss the appeal without sending notice of the appeal Binding 
to the Court against whose decree the appeal is made and without serving Lower Gonrt. 
notice on the respondent or his pleader. 

(2) If on the day fixed under sub-section (1) or any other day to which 
the hearing nuiy be adjourned the appellant does not attend in person or by 
his pleader^ the appeal shall be dismissed for default. 

{3) The dismissal . of an appeal under this section shall be notiBed to the 
Court against whose decree the appeal is made.'' 

{2) For the first paragraph of section 552 the following shall be substi- 
tuted^ namely : — 

'' Unless the Appellate Court dismisses the appeal under the last foregoing 
section, it shall fix a day for hearing the appeal.'' 

(3) In section 558 the words and figures '' section 551^ sub-section (i^/' 
shall be inserted before the word and figures ^^ section 556 "• 

48. (i) For the proviso to the first paragraph of section 561 the follow- Amendment 
ing shall be substituted, namely : — tfoiTto, m&^ 

'^Provided he has filed the objection in the Appellate Court within one 
month from the date of the service on him or his pleader under section 553 
of notice of the day fixed for hearing the appeal^ or within such further time 
as the Appellate Court may see fit to allow." 

(j9) To the same section the following shall be added, namely • — 
^'Unless the respondent files with the objection a written acknowledg- 
ment from the appellant or his pleader of having received a copy thereof^ 
the Appellate Court shall cause such a copy to be served, as soon as may be 
after the filing of the objection, on the appellant or his pleader^ at the 
expense of the respondent. 

'^ The provisions of Chapter XLIY shall, so far as they can be made appli- 
cable^ ftpply to an objection under this section." 

49. [Repeal of certain words in section 562!\ Rep. hy tie Repealing and 
Amending Act, 1891 {XII of 1891). 



Hon 661. 



246 



AxDB&dxuient 
of flection 
665. 



Amendment 
of flection 
682. 



Addition to 
flection 684. 



Amendment 
of flection 
688. 



Addition to 
■eetionaa 



Civil Procedure Code Amendment. [1888 : Act VII^ 
(Sees. 61-580 



(S) In* [flection 562], for the word ''investigate*' the word ''determine*' 
ehall be substituted. 

50. [Repeal of section 663.'] Rep. by the Repealing and Amending Aet^ 
1891{XIIofl89t). 

51. In section 665, for the word "shall'* the word "may" shall be sub- 
stituted. 

52. [Repeal of certain words in section 666.] Rep. hg the Repealing and 
Amending Act, 1691 (XII of 1891). 

(3) In ■[section 566], between the words ''the Appellate Court may** 
and the words "frame issues *' the words " if necessary** shall be inserted. 

53. (i) In section 582^ for the words " the words ' plaintiff,' ' defendant * 
and ' suit * shall be held to include an appellant^ a respondent and an ^peal^ 
respectively, ** the following shall be substituted, namely :— > 

'Hhe word ' plaintiff * shall be held to include a plaintiff-appellant or 
defendant-appellant, the word 'defendant * a plaintiff-respondent or defendant- 
respondent, and the word ' suit * an appeal." 

{8) In the same section^ the words and figures " including those of section 
S72A/* shall be inserted after the words " The provisions hereinbefore con* 
tained.** 

54. To section 584 the following shall be added^ namely t-** 

^ An appeal may lie under this section from an appellate decree passed 
ea parte." 

55. (i) In section 688, clause (9), for the word " or ** the word "for*^ 
shall be substituted. 

(2) In the same section, clause (16), for the words " the first paragraph 
of, '* the words " and orders under ** shall be substituted. 

56. [Repeal of part of section 689.] Rep. by the Repealing and Amending 
Act, 1891 (XII of 1891). 

57. [Repeal of section 699 and part of section 601.] Rep. hg the Repeal* 
ing and Amending Act, 1891 {XII of 1891). 

58. After the second paragraph of section 610 the following shall be 
inserted, namely :— 

" In so far as the order awards costs to the respondent, it may be executed 



> The word and flgnres ** flection 662 '' were flnbfltitnted for the worde ** the flame flection " 
by the Repealiog and Amending Act, 1891 (XII of 1891), eeoond 8chednle» prtntedt General Acta, 

Vol. VI. 

> The word and fignrea *' flection 666 ** were enhfltitnted for the worde ** the eame eeotion'' 

liy the Bepeflling and Amending Act, 1891 (XII of 1891), 



1888 : Act VII»] Civil Procedure Code Amendment. 247 

CSees. 69^1.) 

against a surety therefor^ to the extent to which he has rendered himself 
liable^ in the same manner as it maj be executed against the appellant : 

** Provided that such notice in writing as the Court in each ease thinks 
sufficient has been given to the surety.'' 

59. To section 626 the following proviso shall be added, namely ^— > Addition to 

<i 211 j MctioD 686. 

(e) an application made under section 624 to the Judge who delivered 
the judgment may^ if that Judge has ordered notice to issue under 
proviso {a) to this section, be disposed of by his successor/' 

60. After section 646 the following shall be inserted, namely :-* Addtion of 

new Motions 
after seotion 
. , , . 646. 

'' 646A, (i) If at any time before judgment a Court in which a suit has Power to 
been instituted doubts whether the suit is cognizable by a Court of Small Smrt!auea?^ 
Causes or is not so coenizable, it may submit the record to the Hisrh Court ^*®?" " *® 

, ® jarisdictioi^ 

with a statement of its reasons for the doubt as to the nature of the suit. in small 

(S) On receiving the record and statement, the High Court may order the ^°'^' 

Court either to proceed with the suit or to return the plaint for presentation 

in such other Court as it may in its order declare to be competent to take 

cognizance of the suit. 

'' 646B. (i) If it appears to a District Court that a Court subordinate Power to 

Difltriet 

thereto has, by reason of erroneously holding a suit to be cognizable by a ooort to 
Court of Small Causes or not to be so cog^nizable. failed to exercise a jurisdio- ®^^™>' 'w 

.... . • revision pro- 

tion vested in it by law, or exercised a jurisdiction not so vested, the District ceedings had 
Court may, and^ if required by a painty, shall, submit the record to the High take as to * 
Court with a statement of its reasons for considering the opinion of the sub- 1^1^^^ 
ordinate Court with respect to the nature of the suit to be erroneous. causes. 

{2) On receiving the record and statement, the High Court may pass 
such order in the case as it thinks fit. 

(S) With respect to any proceeding subsequent to decree in any ease 
submitted to the High Court under this section, the High Court may make 
such order as in the circumstances appears to it to be just and proper. 

(^) A Court subordinate to a District Court shall comply with any 
requisition which the District Court may make for any record or information 
for the purposes of this section.^' 

61. (i) For the third paragraph of section 648 the following shall be Amendment 



•uUtituted :- tX>^ 

'^ and the Court making an arrest under this section shall send the person tion 648. 
arrested to the Court by which the warrant of arrest was issued, unless he 
shows cause to the satisfaction of the former Court why he should not be sent 



248 



Civil Procedure Code Amendment, 
(8ee$. 6»^6.J 



[1888 : Act VH. 



AnaeDdment 
of Beotion 
66 OA. 

Addition to 
feetlim662. 



Amendment 
of form No. 
187» Sehedole 
IV. 

Amendment 
of the Indian 
B^stmtlon 
Act, 1877. 



to the latter Courts or uoless he f arnishes soffioient seouritj for his appearance 
before the latter Court or (where the case is one under Chapter XXXIV) for 
satisfying any decree that may he passed against him by that Court^ in either 
of which oases the Court making the arrest shall release him.'' 
(8) To section 648 the following shall be added^ namely : — 
^' Where a person to be arrested or moveable property to be attached nnder 
this section is within the local limits of the ordinary original civil jurisdiction 
of the High Court of Judicature at Fort William in Bengal or at Madras or 
Bombay^ or of the Court of the Recorder of Baugoon, the copy of the 
warrant of arrest or of the order of attachment, and the probable amount of 
the costs of the arrest or attachment, shall be sent to the Court of Small 
Causes of Calcutta, Madras, Bombay or Rangoon, as the case may be, and 
that Court, on receipt of the copy and amount, shall proceed as if it were the 
District Court/' 

62. In section 650A, the words '' or continued " sliall be inserted after 
the word '^ established *', 

63. To section 652 the following shall be added, namely : — 

^* A High Court not established under the Statute 24 fe 25 Yictorin, Chap- 
ter 104 ^ {an Act for establishing High Courts of Judicature in India), may, 
from time to time, with the previous sauction of the Local Government, 
make, with respect to any matter other than procedure, any rule which any 
High Court so established might under secnon 16 of that Statute make with 
respect to auy such matter for any part of the territories under its jurisdic- 
tion which is not included within the limits of a presidency-town. Rules so 
made shall be published in the same manner, and shall thereupon have the 
same force, as rules made and published under this section for the regulation 
of matters connected with procedure.'' 

64. In form No. 187 of the fourth schedule the words '^ bound by the 
decree '' shall be inserted after the words *' remove any person ''. 

65. {!) After clause (») of section 17 of the Indian Registration Act, HI of 1877. 
1877,' as amended by the Indian Registration Act, 1886, the following clause VIl of 18861. 
shall be added, namely :— 

^*{o) a certificate of sale granted to the purchaser of any property sold by 
public auction by a Civil or Revenue officer.'' 

{2) In the second paragraph of section 50 of the same Act, for the word 
and letter ^'and (n)" the letters and word " {n) aud {o) " shall be substituted. 

^ The Indian High Courts Act, 1861, printed, Collection of Statntes relating to India, Vol. II, 
Ed. 1881, p. 718. 

> Printed^ General Aeti, Vol III. Ed. 1898, p. 41. 



1888 : Act VIL] Civil Procedure Code 

(See. 66. J 



249 



III oiisrr. 



XV of 1877. 



{3) The Indian Registration Act^ 1877, sball be conetrued as if the 
amendments made in it by this section bad been made therein by Act XII of 
1679 {m Act to amend * * * *^tke Regietration Act, IS77, 
and He Limitation Act, 1877) : 

Provided that nothing in this snb-section shall be deemed to afEect a 
decree or order made by any Court before the commencement of this Act. 

66, (i) No. 161 of the second schedule to the Indian Limitation Act, Amendment 
1877, shall be transposed and become No. 178 A, and the entry against it in Li^SS*" 
the second column of that schedule shall be '^ Ditto", signifying ninety days. ^^ ^^7. 

(2) IRejpeal of Noe. 171, 171A and 17 IB, Schedule II, Act XV of 1&77.'\ 
Refi. btf the Repealing and Amending Act, 1891 {XII of 1891) » 

{3) For No. 171C of the same schedule the following shall be substituted^ 
namely : — 



Desoriptioa of AppUoatlon. 



UT of 1882b " I'l* Under seotion 371 of the Code of 

Giyil Procediire« or nnder that 
flection and seotion 582 of the 
same Code, for au order to set 
aside an order for abatement or 
dismissal- 



Period (A 
Limitation. 



Time from which period 
begins to ran. 



Sixty days 



The date of the order for 
abatement or dismisni." 



{4) After No. 175 of the same schedule the following shall be iuserted, 
namely :— 



Deaoription of Application. 



Period of 
Limitation. 



Time from which period 
begins to ran. 



'< 175A. Under section 865 of the Code of 
Civil Procedure by the legal re- 
presentative of a deceased plaint- 
iff, or nnder that section and 
section 582 of the same Code by 
the legal representative of a de- 
ceased plaintiff-appellant or de- 
fendant-appellant. 

*' 176B. Under section 866 of the Code of 
Civil Procedure by a defendant, 
or under that section and section 
682 of the same Code by a 
plaintiff-respondent or defend- 
ant-respondent. 



Six months 



Ditto 



The date of the death of the 
deceased plaintiff or of the 
deceased plaintiff-appellant 
or defendant-appellant. 



The date of the death of the 
deceased plaintiff or of the 
deceased defendant-appellant 
or pla n tiff-appellant. 



^ The words ** the Code of Civil Procedare>" were repealed by the Repealing and Amending 
Art, 1891 (XII of 1891), First Schedule, printed, General Acts, Vol Yl, Ed. 1898. 



260 



Buforeement 
of AeteYIII 
of 1861 and 
ZV of 1864 
in the 
Pxinjab. 



Operation of 
the Act in 
the Punjab 
andoertsin 
other parte 
of British 
India. 



TolU. 
(Seel. 1-3.J 



[1888 : Act Vm. 



Dcgeiiption of Applieatioii. 



Period of 
Limitation. 



Tlae from which ptriod 
beginfl to ran. 



** 176C. Under seotion 868 of the Code of 
Oiyil Procedure to haye the lesal 
representative of a deoeased de- 
fendant made a defendant, or 
nnder that seotion and seotion 
682 of the same Code to have 
the legal representative of a do* 
ceased plaintiff-respondent or 
defendant-respondent made a 
plaintiff^respondeot or defen- 
dant-respondent. 




The date of the death of the 
deceased defendant or of the 
deoeased plain ti£E-reepon« 
dent or defendant-respon- 
dent" 



ACT No. VIII OF 1888.1 

[pa September, 1888.} 

An Act to remove doubts as to the legality of the levy of certain 

Tolls. 

Wh£RBas doubts have been raised as to the operation of the Acts of the 
Governor General in Council, No. VIII of 1851 {an Act /or enabling Oovern" 
ment to levy TolU on Public Boads and Bridges) "and No. XV of 1864 (an 
Act to amend Act Fill of 1861) * ; It is hereby enacted as follows : — 

1. Acts VIII of 1851 and XV of 1864 shall be deemed to be in toice 
throughout the territories now administered bj the Lieutenant-Governor of 
the Punjab, and from the twenty-first day of August, 1857, and the twenty- 
fourth day of March, 1 864, respectively, to have been in force in the territories 
for the time being administered as part of the Punjab. 

2. (/) In any part of British India beyond the limits of the territoriea 
administered by the Governor of Fort St. George in Council, and the Lieute- 
nant-Governors of Bengal and the North- Western Provinces, to or in whioh 
Acts VIII of 1851' and XV of 1864 ' may be or have been extended, or may 



1 Short title, "The Indian Tolls Act, 1888/' «ee the Indian Short Titles Aet, 1897 (XIV 
of 1897), printed. General Acta, YoU VI, Ed. 1898. 

For Statement of Objects and Beasons, see Qasette of lu^a, 1888^ Pt. V» p. 48 s and for 
Frooeedinps in Conncil, tee thtd, Ft. VI, pp. 82 and 93. 

This Act has been declared in force in Upper Barma (except the Shan States) hj the Borma 
Laws Act, 1898 (XIII of 1898). 

It had been prerionsly declsred in force there nnder s. 6 of the Scheduled Distrioti Aeti 1874 
(XIV of 1874), printed. General Acts, Vol. II, p. 467, eee Bnrma Gasette^ 188^ PI. I, p. 497, 
and Gazette of India, 1888, Pt. I, p. 478. 

> Printed, General Acts, Vol. I, Ed. 1898, pfu 79 and 486, respeetiTely. 



1888: Act VIII.] Tolls. (Sees. 3^.) 251 

1888 : Act X.l Presidency Small Cause Courts Lata Amendment* 

(See. tj 

be or have been declared to be ia force, under the latter of those Acts or bj 
this Act or hy or under any other enactment, the Local Government shall be 
deemed to have and, where the Acts have been in force before the passing of 
this Act, to have had the same authority as if it had been included among the 
Local Governments specified in section 2 of Act VIII of 1851. 

(2) ''Presidency ", where that word occurs in section 8 of Act VIII of 
1861, shall be deemed to mean, and to have meant, the territories under the 
administration of a Local Government, 

3» All tolls levied, or purporting to have been levied, under Acts VIII of Validation 
1861 and XV of 1864i, or either of those Acts, before the passing of this Act ^ t^. ^^ 
shall be deemed to have been lawfully levied. 

4» Nothing in the foregoing sections shall affect any proceedings com- Saving. 
menced in any Civil Court before the first day of Julyj 1888. 

6. In section 2 of Act VIII of 1851^ * * * * * the word Amendment 

nS aAA^i^n 9 

" and ^' shall be inserted between the words '^ the Lieutenant-Governor of the Act VII^ 
North- Western Provinces of Bengal '' and the words '* the Governor of the ^^^' 
Presidency of Fort St. George in Council ". 



ACT No. X OP 1888.' 

[20tA September, 1888.] 

An Act to amend the Code of Civil Procedure and the Presidency 

Small Cause Courts Act, 1882. 

xrv of 188a, Wherbas it is expedient to amend the Code of Civil Procedure and the 

XV of 1882. Presidency Small Cause Courts Act^ 1882 ; It is hereby enacted as fol- 
lows :— 
nv of 1882. !• For the second schedule to the Code of Civil Procedure there shall be Bevidoii of 

substituted the schedule in the first schedule to this Act, ^J^e to 

^ The words '* the worda * and the Gh)Yemor of the Presidency of Bombay in Council ' are i882. 
hereby repealed and " were repealed by the Repealing and Amending Act, 1891 (XII of 1891) . 

> 6bort titiie» *' The Presidency Small Oanse Courts Law Amendment Act, 188%** m$ the 
Indian Short Titles Act, 1897 (XIV of 1897), printed, General Ac«s, Vol. VI. 

For Statement of Objects and Reasons, ms Gaaette of India, 1888, Pt.y, p. 66; and for 
Proceedings in Conncil, see ibid. Ft. VI, pp^ 93 and 100. 

So far SB this Act amends the Oode of ui?il Procedure, it is in force in Upper Bnrma (except 
the Shan States) as being part of the Code, declared in force there by the Burma Laws Act, 1898 
(XIII of 1898). Ss. 1 and 8 of Act X of 1888, had been prerionsly extended under Act XIV of 
1874, to the Town of MsndaUy in Upper Bnrmn, m€b Gazette of Indiib 1889, Pt. I, p. 292. 

L — Ss. 1 and 8 of this Act have been eztendJed, by notification under s. 5 of the Scheduled 
BistricU Act, 1874 (XIV of 1874), printed. General Acts, Vol. II, Ed. 1898, p. 467, to tiie— 
(i) Provinee of Sindh, tee Bombay Code, YoL I, Ed. 1894, Appendix, p. xxzii ; 



262 



AxnflDdm«nt 
of AotXY 
of 1882. 



Addition to 
•eetion689, 
Aek XIV of 
1888. 



Preiideney Small Cause Courtt Lato Amendment. [1888 ! Act Z« 

(Seer 2^.J 



2. (1) To section 28 of the Presidency Small Cause Coorts Aot^ 
1882/ the following shall be added> namely : — ** Subject to such oontrolj the XY of 1888. 
Court may modify or cancel any notification under this section as occasion 
may appear to it to require/' 

(3) For the second schedule to the same Act there shall be substituted 
the Bchedule in the second schedule to this Aot. 

(3) Any declaration which has been notified under the proviso to section 
28 of the Presidency Small Cause Courts Act, 1882/ before the day on which 
this Act is passed, and which was in force immediately before that day, shall, 
subject to the powers of the Court under that section, be construed, so &r 
as may be, as referring to the schedule which has been substituted by the 
last foregoing sub-section for the second schedule to that Act. 

8. To section 589 of the Code of Civil Procedure ^ the following shall be XIV of 1888. 
added, namely : — 

'' Provided that an appeal from an order specified in section 688, clanse 
(17), shairiie— 

(a) to the District Court where the order was passed by a Court subor^ 

dinate to that Court, and 

(b) to the High Court in any other case/' 

4. [Repeal of Act Till of 1880'and e. 26 of Act IX of 1887,'] Rep. bf 
tie Repealing and Amending Act, 1891 [XII of 1891). 

{2) the DiBtrictf of Ki^Hirap and Nowgong (excluding the Mikir Hill Tracts), Darrang, 
Sibs^gar, Lakhimpnr (excladiug the Dibragarh Frontier Tract), Godlpdra (exclndii^ 
the Eastern Dv&rs), Sylhet and Cachar (ezolnding the North Cicbar Hills), §ee 
Assam Code, Ed. 1897, Appendix, p. 762 ; 

(5) Ajmere-Merw^a, »ee Ajmere Code, Ed. 189S, Appendix, p. vi ; 

{4) the Districts of D&rjiling and Jnlp&igari and the Mabfl of Angal, see Gaiette of 
India, 1889, Pt. I, p. 588, and Calcutta Gazette, 1889, Pt. I, p. 831 ^The amend' 
menU made by ss, 1 and 8 of this Act are aUo U^ force in the DUtriei of Angnl 
as being pari of Act KIV of 1832, declared injbree therein by the ^ngul Distriei 
ResffOaiton, 1894 {I ofl894).2 ; 

(6) the Districts of Haz4riMgb, Loh&rdag4 (which included at this time the prwent 

District of Palamau) and M&nbhum, and Pargana Dh&lbhum in the District of 
Singbhum, #00 Gazette of India, 1889, Pt. I, p. 688, and Calcutta Gazette 1889, Pt. 
I, p. 881 f 

(6) the Scheduled Districts of the Central ProvinoeSy see Central ProvinceB Code, Kd* 

1891, Appendix II, p. 892 ; 

(7) Coorg District, see Coorg Code, Ed. 1898, Appendix, p. 172; 

(8) Jaunear Bdwar and the scheduled portion of the Mirzapur District, see North- Weatem 

Provinces and.Oudh Code, Ed. 1892, Appendix, p. xxxii s 
{9) the Scheduled Districts of the Punjab, see Gazette of India, 1889, Pt. I, p. 299. 

II. - Ss. 1 and 4 of the Act have been extended to the Kolh&n, S00 Calcutta Gazette, 1889, 
Ft. I, p. 882, and s. 4 to the Districts of Has&ribigh, Lohiidag4 (which included at this time 
the present District of Palamau) and M&obhum, and Pargana Dh&lbhum in the Singbhom 
IHstrict, see Gazette of India, 1889, Pt. 1, p. 588, and Calcutta Gazette, 1889, Pt. I, p. 83L 

IlL— Somuch of 8. 4 as repeals Act Vill of 1880 has been extended under the same 
seotion to Upper Eurms, see Burma Code, Ed. 1888, Appendix, p. 491u see also Gazette of India, 
1889, Pt. I, p. 292. 

^ Printed, General Acts, YoL lY, Ed. 1898^ pp. 690 and 262^ respectively. 



1888 : Act XJ PreHdeney Small Cause Courts Lata Amendment. 253 

(First aehedule.J 

THE FIRST SCHEDULE TO THIS ACT. 
Thb Sboond Soheduls to thb Codb of Civil Proobdurb, 

{Bee section £f.) 

Chaftbbs and Sbotioks of this Codb bxtbndino to Pboyinoial Courts 

OF Small Causes. 

Pbbliminaey : Sections 1, ^i 8 and 5. 

Chaptbb I.— Of the Jarisdiotion of the Courts and Res Judicata^ except 

section 11 and the last paragraph of section 14. 

Chaftbs IL<— Of the Place of Suing, except section 20, paragraph 4, 

and sections 22 to 24 (both inclusive). 

Chaptbb Ill.-^Of Parties and their Appearances, Applications and Acts. 

Chaptbb IY.— Of the Frame of the Suit, except section 42 and section 

44, rule a. 

CflAFTBB V. — Of the Institution of Suits. 

Chaptbb YI. — Of the Issue and Service of Summons, except section 77. 

Chaptbb YIL — Of the Appearance of the Parties and Consequence of Non- 
appearance. 

Chaptbe YIII. — Of Written Statements and Set-o£E. 

Chaptbb IX. — Of the Examination of the Parties by the Court, except 

section 119. 

Chaftbr X.^-Of Discovery and the Admission, etc., of Documents. 

Chaptbb XIL — Section 155, first paragraph, Judgment where either party 

fails to produce his evidence. 

Chaptbb XIII. — Of Adjournments. 

Chaptbb XIY,— Of the Summoning and Attendance of Witnesses, 

Chaptbb XY. — Of the Hearing of the Suit and Examination of Witnesses, 

except sections 182 to 188 (both inclusive). 

Chaptbb XYI.— Of AflSdavits. 

Chaptbb XVII. — Of Judgment and Decree, except sections 404, 207, 

211,212, 213, 214 and 216. 

Chaptbb XYIII.— Of Costs, sections 220, 221 and 222. 

Chaptbb XIX. — Of the Execution of Decrees, sectiouB 228 to 236 (both 

inclusive), 239 to 258 (both inclusive), 259 (ex- 
cept BO far as relates to the recovery of wives), 
266 (except so far as relates to immoveable pro • 
perty), 267 to 272 (both inclusive), 273 (so far as 
relates to decrees for moveable property)^ 275 to 



£64 PreMeneg Small Came Courts Law Amendment. [1888 : Aet Z. 

(Fint Sckedule.) 

283 (both inolasive), 284 (so far as relates to 
moveable property), 285, 286, 287, 288, 289, 
290 (so far as relates to moveable property), 291, 
292, 298 (so far as relates to re-sales under 297), 
294 to 808 (both inclusiYe), 828 to 338 (both 
inclusive, so far as relates to moveable property), 
886 to 848 (both inclusive). 

Chaftbr XX« — SectionS<360, Power to invest certain Courts with lusol- 

venoy jurisdiction. 

CHAP9B& XXI— ^f the Death, Marriage and Insolvency of Parties. 

Chaftib XXII.— Of the Withdrawal and Adjustment of Suits. 

Chaptbb XXIII. — Of Payment into Court. 

CuAFTBB XXIV.— Of requiring Security for Costs* 

Chaptbb XXV.<*— Of Commissions, except seotion 396. 

Chaptbb XXVI. — Suits by Panpera^ 

Chaptbb XXVII.— -Suits by and against Oovemment or Oovemment 

Servants; 

Chaftbe XXVIII.— -Suits by Aliens and by and against Foreign ancT 

Native Rulera 

Chaptbb XXIX.^-*-Saits by and against Corporations and Companies. 

Chaptbb XXX.— -Suits by and against Truatees, Exeoutors and Adminis* 

trators. 

Chaptbb XXXI^— Suite by and against Minors and Persons of Unsound 

Mind* 

Chaptbr XXXII.— 'Suits by and against Military Men. 

Chaptbb XXXIIL— Interpleader. 

Chaptbb XXXIV. — Of Arrest and Attachment before Judgment, except 

as regards Immoveable Property* 

Chaptbb XXXVI.-— Appointment of Receivers. 

Chaptbb XXXVII. — Reference to Arbitration. 

Chaptbb XXXVIII. — Of Proceedings on Agreement of Parties. 

Chaptbb XLVI. — Reference to and Revision by High Court. 

Chaptbb XLVIL— Of Review of Judgment^ sections 62S| 626 and 630. 

Chaptbb XLIX.— Miscellaneous. 



1888 : Act X.] Presidency Small Cause Courie Law Amendment* 255 

(Second Schedule.) 

THE SECOND SCHEDULB TO THIS ACT. 

The Second Sohbdulb to the Prbsidbnot Shall Cause Courts Act, 1882.^ 

(See section 23,) 

Portions of Civil Frooedurb Code^ extbndino to Court. 

Preliminary : Section 2, Interpretation-clause. 

Chapter I.-— Of the Jurisdiction of the Courts and Re$ Judicata^ except 

section 11 « 
Chafteb II.-^Of the Place of Suing^ except sections 15 to 19 (both in- 
clusive), section 20^ paragraph 4, sections 22^ 2S. 

and 24^ and section 25, paragraphs 2 and 3, 
Chapter III.— Of Parties and their AppearanceSj Applications and Acts^ 

except section 37, chiuBe (d), and the last para- 
graph. 
Chapter IY. — Of the Frame of the Suit, except section 42 and section 44, 

rule a. 
Chapter V,— Of the Institution of Suits, except section 53^ elause \Jk)^ 

sub-clause (iv), section 55, section 57, clause (d), 

and sections 58 and 62. 
Chapter YI.— >0f the Issue and service of Summons, except, in section 

64, the words '' and the copies or ooncise state* 

ments required by section 58 have been filed/' 

and sections 65 and 66. 
Chapter YII. — Of the Appearance of the Parties and Consequence of 

Non-appearance. 
Chapter YII. — Written Statements and Set-off, except sections 110, 112 

and lis. 
Chaptbb IX. — Of the Examination of the Parties by the Court, except 

section 119. 
Chapter X. — Sending for Records and Produotion, etc., of Documents, 

sections 137 (except paragraph 2), 138^ 140 
(except the proviso and the last six words), 
141, 141 A, 142, 142 A, sub-section (i), 143 

and 145. 
Chaptbr XI« — Settlement of Issues, sections 160 and 161. 
Chapter XII. — Disposal of the Suit at the first Hearing, exoept sections 

154 and 156. 

^ Printed, General Acts, Vol. IY, Bd. 189S^ p. 690. 



856 Preiideney Small Cause Court* Law Amendment. [1888 : Act X. 

(Second Sekedule*) 

Chapter XIII,— Of Adjournments. 

Chapter XIV.— Of the Summoning and Attendance of Witnessee, except 

sections 168, 169, 170 and 175. 

Chapter XV. — Of the Hearing of the Suit and Examination*of Witnesses, 

except sections 182 to 191 (both inclusiye), 
and the second paragraph of section 198. 

Chapter XVI.— Of AflSldavits. 

Chapter XVII. — Of Judgment and Deoree, except sections 200, 201^ 202» 

204, 207 and 211 to 215 (both inclusive). 

Chapter XVIII.— Of Costs. 

Chapter XIX.— Of the Execution of Decrees, sections 229, 229A and 

229B, section 230, first two clauses, sections 
231 to 236 (both inclusive), 2^3 to 259 (both 
inclusive), 266 (so far as relates to the attach- 
ment of moveable property or decrees there- 
tor), 267 to 272 (both inclusive), 273 (so far 
as relates to decrees for moveable property), 
275 to 303 (both inclusive),^ 328 to 333 (both 
inclusive), 336 (except the last three clauses) 
and 837 to 343 (both inclusive). 

Chapter XXI.— Of the Death, Marriage and Insolvency of Parties. 

Chapter XXII.— Of the Withdrawal and Adjustment of Suite. 

Chapter XXIII.— Of payment into Court. 

Chapter XXIV.— Of requiring Security for Costs. 

Chapter XXY.-^Of Commissions, except section 396. 

Chapter XXVII.— Suits by or against Government or Public Officers. 

Chapter XXVIII.— Suits by Aliens and by and against Foreign and 

Native Rulers, except section 433, sub^seotions 
(i), (2), (4) and (6). 

Chapter XXIX.— Suits by and against Corporations and Companies. 

Chapter XXX.— Sxiits by and against Trustees, Executors and Adminis- 
trators. 

Chapter XXXI.— Suits by and against Minors and Persons of Unsound 

Mind. 

Chapter XXXII.—Suits by and against Military Men. 

Chapter XXXIJI.— Interpleader. 

Chapter XXXIV.— Of Arrest and Attachment before Judgment, except 

as regards the attachment of Immoveable 2to^ 
ferij. 



1888: Act XL] Telegraph. (See. Lj 267 

1888 : Act XVIL] Marine. (See. 1.) 

Chaftbb XXXV. — Interlooatory Orders, seotions 498, 499, 500 and 502. 

Chaptbr XXXVItr— AppoiDtment of Receivers, section 603. 

Chaptbr XX XYII.— Reference to Arbitration, except the provisions of 

section 522 as to appeals. 
Chaptbr XXXVIII.— Of Proceedings on Agreement of Parties, except so 

much of section 527, clause (6), as relates to 

immoveable property. 
Chaftbr XLVI.— Of Reference to and Revision by High Court. 
Chaftbb XLIX. — Miscellaneous. 



ACT No. XI OF 1888.1 

\pth Oetober, 1888.'] 

An Act to make an addition to the Indian Telegraph Aot, 1886. 

Whbrbas it is expedient to make an addition to the Indian Telegraph 
Xill of 1885. Aot, 1885 ; It is hereby enacted as follows :— 

1. The following" section shall be added to that Act, namely :— . ,,,^ ^ 

# tf AfldlttOll Ok 

[Fide 8f$pra, p. Sil.) eectton to 

Aet Xniof 
188fi. 



ACT No. XVII OF 1888.* 

[26ti October, 1888.'] 

An Act to amend the Indian Marine Act, 1887. 

Ziyofl887. Whbbbas it is expedient to amend the Indian Marine Aot^ 1887; His Ajnendment 

hereby enacted as follows : — ^^ xv^dt 

1. For sub-section (2) of section i of the Indian Marine Act, 1887, the ^^^' 
following shall be substituted, namely : — 
{Vide supra, p. 166.) 

^ Short title. '* The Indian Telegraph (President-towns) Act» 1888, ^ 9«9 the Indian Short 
Titles Act, 1897 (XIV of 1897), printed. General Acts, Vol. Yl. 

For Statement of Objects and Season^ 969 Gaaette of India, 1888^ Pt. V, p. 46 ; and for Pro- 
cee^Bngs in Conncil, «e# ihid, Pt. VI, pp. 88 and 102. 

* Short title, " The Indian Marine Act (1887) Amendment Act, 1888,** 999 the Indian Short 
Titles Act, 1897 (XIV of 1897). 

For Stetement of OMeets and Beasons, «e# Gasette of India* 1888^ Pt V, p« 108 1 and lor Pro- 
ceedings in Goancily 999 ibid, Pt. VI, pp. 110 and 188. 

VOL, V. S 



t68 



Metal Token** 
(Beee. h4.) 



[1889: Act I. 



Title, oclent 
ftnd oom" 
menoemeitt* 



I)efliiiii<ni. 



ProUUtimi 
of making 
by pxxfftio 
penonBof 
pleooBof 
mefeaitobe 
Vied as 

mODBJ. 

Penaftv for 

vnlawTiil 

makiiig, 

iaraeor 

poeeeMionof 

foehpieeee. 



Yniotl898. 



ACT No. I 01 1889.1 

[irf February, 1889.'] 

An Act for the Protection of Coinage and other Purposes. 

Whbrbas it is expedient to prohibit the makings or the possession for 
issue^ or the issae^ by private persons of pieces of metal for use as money; 

And whereas it is also expedient to amend section £8 of the Indian Pena] 2IjV of 1MQ» 
Code;« 

It is hereby enacted as follows :<— 

1. (2) This Act may be called the Metal Tokens Act, 1889. 
(8) It extends to the whole of British India ; and 

{3) It shall come into force at once. 

2. In this Act *^ issue " means to put a piece of metal into circulation for 
the first time for use as money in British India, such piece having been made 
in contravention of this Act or brought into British India by sea or by land 
in contravention of any notification for the time being in force under section 
19 of the Sea Customs Act, 1878.* 

8t No piece of copper or bronze or of any other metal or mixed metal^ 
which, whether stamped or unstamped, is intended to be used as money^ 
shall be made except by the authority of the Governor General in Council. 

4. (i) In either of the following cases, namely :»- 

(a) if any person makes in contravention of the last foregoing section, or 
issues or attempts to issue, any such piece as is mentioned in 
that section, 

(i) if j after the expiration of three months from the commencement of 
this Act, any person has in his possession, custody or control any 
such piece as is mentioned in the ]ast foregoing section, with 
intent to issue the piece, 
the person shall be punished, 

{%) if he has not been previously convicted under this section, with im- 
prisonment which may extend to one year, or with fine, or with 
both ; or, 

^ For Statement of Objects and BeaBons, tee Gazette of India, 1888, Pt. y» p. 19 ; for Report 
of the Select Committee, see ibid, 1889, Pt. IV, p. 8 ; and for Debates in Coand^ eee ibid, 188^ 
Ft. YI, pp. 40 and 81, and ibid, 1889, Pt. VI, pp. 8 and 9. 

This Act has been declared in force in Upper Burma (except the Shan States) by the Burma 
Laws Act, 1898 (XIII of 1898). 

It had been prcTioasly extended there by notiflcalion under s. 6 of the Scheduled IXstriets 
Act, 1874 (XIY of 1874), printed. General Acts, Vol. II, Ed. 1898, p. 467, eee Burma Gaoett^ 
1898, Pt. I, p. 164 

* Printed, General Acts, YoL h Ed. 1898, p. 240. 

> ficinted* General Acts, Yol, III, Ed. 1898» p. 168. 



1889 : Act I.] MeM Tokens. £S9 

f8ec8. B-8.J 

(f$) if be has been previoasly convicted ander this section^ with impris- 
onment which may extend to three years^ or with fine^ or with 
both. 
(2) If any person is convicted ot an offence under sub-section {!), he shall, 
in addition to any other punishment to which he may be sentenced, forfeit all 
such pieces as aforesaid, and all instruments and materials for the making of 
such pieces, which may have been found in his possession, custody or control. 
{S) If in the trial oE any such ofEence the question arises whether any 
piece of metal or mixed metal was intended to be used or to be issued for use 
as money, the burden of proving that the piece was not intended to be so 
used or issued shall lie on the accused person. 

5. (i) The offence of making, in contravention of section 8, any such ^^^S^^^ 
piece as is mentioned in that section shall be a cognizable oflEence. under the 

X of 1882. (Sf) Notwithstanding anything in the Code of Criminal Procedurei 1832,^ ings^SaT. 

no other offence punishable under section 4 shall be a cognizable offencCi or 
beyond the limits of a presidency -town be taken cognizance of by any Magis- 
trate, except a District Magistrate or Subdivisional Magistrate, without the 
previous sanction of the District Magistrate or Subdivisional Magistrate. 

6. If at any time the Governor General in Council sees fit, by notifies* -Applioatkm 

of oertain of 
Vlllof 1878. tion under section 19 of the Sea Customs Act, 1878,' to prohibit or restrict the foregoing 

the bringing by sea or by land into British India of any such pieces of metal IhiiA^'to 

as are mentioned in section 8, he may by the notification direct that any importation 

.... ofpieoeiof 

person contravening the prohibition or restriction shall be liable to the metal for «m 

punishment to which he would be liable if he were eonyioted under this Act ^ '°^^* 
of making such pieces in British India,' instead of to the penalty mentioned 
in section 167 of the Sea Customs Act, 1878,* and that the provisions of 
sub-section (S) of section 4 and sub-section (i) o( section 6, or of either sub« 
section, in relation to the offence of making such pieces shall, notwithstanding 
anything in the Sea Customs Act, 1878^' ^VP^Jt ^ ^^^^ ^ they can be made 
applicable, to the offence of contravening the prohibition or restriction noti- 
fied under section 19 of that Act, 

7. [Addition to Section 98, Jet X of 1882.'\ Rep. by the Code of Crim* 

inat Procedure, 1898 {Act V of 1898). 

8* 11) No piece of metal which is not coin as defined in the Indian Penal ^bibition 

, .of reoeipl 1^ 

XLyof Code ^ shall be received as money by or on behalf of any railway*administra- loeal author* 

tion or local authority, wih^g as 

> 8m now the Code of Criminal Procedare, 1898 (Aot y of 1898). 

^ Printed, Oeneral Acts, yol. Ill, Bd. 1898, p. 168. 

^ For notiflcatioD iuned nnder thii power, see Gaiette of India» 1889f Pt« I> p. 78* 

« Printed, Oenecal Acts, YoL I, Ed. 1899, p. 240. 



260 



money of 
metal which 
is not coin. 



Amendment 
of section 28 
of the Indian 
Penal Code. 



Title, eztetti 
and com- 
menoemeni. 



Standard 
yard. 

HeMorefor 
determining 



Metal Tokens. (Bee. 9.) [1889 : Act L 

Measures of Length. (Sees. U8.) [1889 : Act IL 



18G0. 



(2) If any person on behalf of a railway-administration, or on behalf of a 
local authority, or on behalf of the lessee of the collection of any toll or 
other impost leviable by a railway-administration or local authority, receives 
as money any piece of metal which is not such coin as aforesaid, he shall be 
punished vnth fine which may extend to ten rupees, 

9. For the Explanation to section 28 of the Indian Penal Code ^ the fol- JO^of 
lowing shall be substituted, namely: — 

" Explanation 1. — ^It is not essential to counterfeiting that the imitation 

should be exact. 

'' Explanation 2. — When a person causes one thing to resemble another 
thing, and the resemblance is such that a person might be deceived thereby, 
it shall be presumed, until the contrary is proved, that the person so causing 
the one thing to resemble the other thing intended by means of that resem- 
blance to practise deception or knew it to be likely that deception would 
thereby be practised/' _^_..^_ 

ACT No. II OP 1889,* 

[15th Fehruary, 1889.'] 

An Act to declare the imperial standard yard for the United 
Kingdom to be the legal standard measure of length in 
British India. 

Whbbbas it is expedient to declare the imperial standard yard for 
the United Kingdom to be the legal standard measure of length in British 
India ; It is hereby enacted as follows : — ' 

1. (1) This Act may be called the Measures of Length Act, 1889, 
{2) It extends to the whole of British India ; and 
(d) It shall come into force on such day as the Governor General in 

Council may appoint in this behalf.* 

2. The imperial standard yard for the United Kingdom shall be the legal 
standard measure of length in British India and be called the standard yard. 

8, A copy, approved by the Governor General in Council, of the imperial 

I i'linied, Qeneral Acts, Vol. I, Ed. 1898, p. 240. 

> For Statement of ObjectB and Beasons, iee Gazette of India, 1888, Pt. V, p. 41; for Bepoit of 
tbe Select Committee, we ibid, 1889, Pt. IV, p. 6 ; and for Proceedings in Coundl, «m ibid, 188Q, 
Pt. VI, pp. 66 and 82, aud ♦«<«, 1889, Pt. VI, p. 20. «. . x ,. .^ « 

The Act has been declared in force in Upper Burma (except the Shan States) by the Burma 

Iaws Act, 1898 (XIII of 1898). o v j i ^ tx. 

It had been previously extended there, by notification nnd^r s. 6 of the Scheduled Distrieta 
Aet» 1874 (XIV of 1874), printed, Genend Acts, VoL II, Ed. 1898, p. 467, w« Burma Gaiettei 

^^« The Act was brought into foice on. the 16th Jure, 1889, «m Gaaette of India, 1889, Pt I, 
p. 806. 



1889: Act IL] Measures of Length. 261 

(8ec8. 4-7.) 

standard for determining the length of the imperial standard yard for the length of 
United Kingdom shall be kept in saoh place within the limits of the Town yard* 
of Calcutta as the Governor Oeneral in Council may prescribe^i and shall be 
the standard for determining the length of the standard yard* 

4. One-third nart of the standard yard shall be called a standard foot. Standard 

"^ foot and 

and one thirty-sixth part of such a yard shall be called a standard inch. inch. 

6. Any measure having: stamped thereon or affixed thereto a certificate Premmptioii 

, in favour of 

purporting to be made under the authority of the jGbvemor Oeneral ia Coun- aoonracyof 
cil or of a Local Government^ and stating that the measure is of the length ^^q^ 
of the standard yard or that a measure marked thereon as a foot or inch 
is of the length of the standard foot or standard inch^ as the case may be^ 
shall^ when produced before any Court by any public servant having charge 
of the measure in pursuance of any direction published in an official Gb^zette 
by order of the Governor Oeneral in Council or the Local Government^' or 
by any person acting under the general or special authority of such a public 
servant^ be deemed to be correct until its inaccuracy is proved. 

6. A public servant having in pursuance of such a direction charge of I'^^PJctjon of 
such a measure as is mentioned in the last foregoing section shall allow any measuMs by 
person to inspect it free of charge at all reasonable times and to compare ^^ ^ 
therewith or with any measure marked thereon any measure which such 

person may have in his possession. 

7. There shall be kept by the Commissioner of Police in the Town of Certified 

•' Tfc • 1 measures to 

B«n.Aetiy Calcutta under section 55 of the Calcutta Police Act, 1866;* by the Com- lie kept by 

^^ missioners in Calcutta under section 870 of the 
BeD«AotII lidation Act, 1888> by the Commissioner of Police in the City ._ , 

of 1888* J ' J Tki. 1 !«•• aotmente 

HadtAotlll under section 32 of the Madras City Police Act, 1888, by the Municipal to keep 
of I88a Commissioner in the City of Bombay under section 418 of the City of Bom. S^tbT*^ 

Bom. Act III \y^j Municipal Act, 1898,^ and by the District Magistrate under section 20 

of Regulation XII of 18^7 ^ of the Bombay Code, such certified measures 

■ — - 

1 For notification preeoribing tach a place^ «m Gasette of India, 1889, Ft, I^ p. 606. 
t por officers appdnted to have charge of sach measnres in>- 

(i) Asaain, 996 Assam Mannal of Local Rules and Oi-ders, Ed. 1898, p. 287 ; 

(2) Bombay, aee Bombay List of Local Boles and Orders, Yol. I, Ed. 1896* p. 496 1 

(8) Burma, «m Burma Roles Hannal, £d. 1897, p. 203 i 

(4) Central Provinces, se« Central Provinces List of Local Boles and Orders, Ed. 18981 
p. 260 1 

(6) Madras, ms Madras List of Looal Boles and Orders, Vol. I, Ed. 1898, pp. 226 and 227t 

{(S) North- Western Provinces and Oodh, ««« the North-Westem^ Provinoes.andJ.Ondli 
List of Looal Rales and Orders, Ed. 1894^ p. 126. 

• Printed, Bengal Code, Yol. II, Ed. 1890, p. 61 
« Printed, i^'<i,p.88S, 

• Printed, Bombay Code, Vol, 11, Ed. 1896, p. 198. 

• Printed, Bombay Code, Vol I, Ed, 1884^ p. 17. 



Calcutta Muuioipal Conso- TComrodby, 
ice in the aty of Madras «(stingen.' 



262 



Title, extent 
and com- 
ueneeDieni* 



Deflnitioni. 



Merchandise Mariii 
(Sees. 1-2.) 



[1889: Act IV 



of the standard yard| standard foot and standard inch as are mentioned in 
section 6. 



ACT No. IV OP 1889.1 

[Ui March, 1889.2 

An Act to amend the Law relating to Fraudulent Marks on 

merchandise. 

• 

Whbbsas it is expedient to amend the law relating to|frandalent marks 
on merchandise ; It is hereby enacted as follows :— - 

1. (i) This Act may be called the Indian Merchandise Marks Act, 1889. 
(9) It extends to the whole of British India; *•»«■* '•t-^ 

(d) It shall come into force on the first day of April^ 1889. 

2. In this Act, nnless there is something repugnant in the subject or 
context,— 

{I) '^ trade mark '' has the meaning assigned to that expression in section 

47 8 of the Indian Penal Code ' as amended by this Act : 
{8) '^ trade description''^ means any description, statement or other 
indication^ direct or indirect^^- 
(a) as to the number, quantity, measure, gauge or weight of any 

goods, or 
{b) as to the place or country in which, or the time at which, any 

goods were made or produced, or 
(e) as to the mode of manufacturing or producing any goods, or 
{d) as to the material of which any goods are composed, or 
(e) as to any goods being the subject of an existing patent, 
privilege or copyright ; 
and the use of any numeral, word or mark which according to the 
enstom of the trade is commonly taken to be an indication [of 
any of the above matters shall be deemed to be a trade description 
within the meaning oi this Act : 
(9) ^ " fadse trade description '' means a trade description whioh is 
nntrue in a material respect as regards the goods to whioh it is 

* For Stfttemeot of Objects and BeMons, tee Gazette of Indiii, 1888, Ft. Y, p. 109 i for 
Beportof the Select Oommitteei «m ibid, 1889, Ft. 7, p. 27; and for Proceed ingt in Ccnnoil, 
Me ibid, 1888, Pt. VI, pp. Ill and 186. and ibid, 1889, Ft. VI, p. 88. 

* The wordt "and Bobject to the proYuion of the last leetion of this Act* " were repealed 
hy the Indian Merchandise Marks and Sea Caetoxni Acts Amendment Act» 1891 (IX of 1891V 
printed. General Acts, Vol. V I, Sd. 1898. 

* Printed, General Acts, Vol. I, Ed. 1898. p. 240. 

« Of. the Merchandise Marks Act, 1887 [60 & 61 Viet, o. 28, s. S (i)]. 



XLV of 1880 • 



1889: Act IV.] Merehandite Marh$. 263 

(Amendment of the Indian Penal Code. See. 3 J 

applied^ and inclndes every alteration of a trade description^ whether 
by way of addition, effaoement or otherwise, where that alteration 
makes the description nntrae in a material respect^ and the faot 
that a trade description is a trade mark or part of a trade mark 
shall not prevent such trade description being a false trade descrip- 
tion within the meaning of this Act : 

(4) '' goods '^ means anything which is the subject of trade or manu- 
facture : and 

(5) '' name" includes any abbreviation of a name. 

Amendment qf the Indian Penal Code. 

ZLY of 1860. 3. For that part of Chapter XYIII of the Indian Penal Code ^ which Bnbititaiioii 
relates to Trade and Property Marks, the following shall be substituted^ tUmi for 
namely :— ?^!2?* ^® 

uaiu«ijr . to 489 of the 

IndUui PoDal 

'' Of Trade f Property and Other Marti. Code. 

' ^^ 478. A mark used for denoting that goods are the manufacture or Trade mark, 
merchandise of a particular person is called a trade mark, and for the pur- 
poses of this Code the expression 'trade mark^ includes any trade mark 
which is registered in the register of trade marks kept under the Patents^ 
46 ft 47 Viet., Designs and Trade Marks Act, 1883, and any trade mark which, either with 

or without registration, is protected by law in any British possession or 
foreign State to which the provisions of the one hundred and third section 
of the Patents, Designs and Trade Marks Act^ 1888, are^ under Order in 
Council, for the time being applicable. 

" 479. A mark used for denoting that moveable property belongs to a Property 
particular person is called a property mark. 

*' 480. Whoever marks any goods or any case, package or other recept- UfingftfUio 
ade containing goods, or uses any case, package or other receptacle with any "^*' * 

mark thereon, in a manner reasonably calculated to cause it to be believed 
that the goods so marked, or any goods contained in any such receptacle so 
marked, are the manufacture or merchandise of a person whose manufacture 
or merchandise they are not, is said to use a false trade mark. 

''481. Whoever marks any moveable property or goods or any case, pack- XTdngftfkiM 
age or other receptacle containing moveable property or goods, or uses any miSb 
case, package or other receptacle having any mark thereon, in a manner 
reasonably calculated to cause it to be believed that the property or goods so 



^ Printed, General Aoti» Vol. I, Bd. 1898, p. 240. 

* Of. the MereUodite Marks Act, 1887 [60 & 61 Yict, e. 28» i. 8 (/)]« 



264 



Merchandise Mark9. [1889: Act IV 

(Amendment of the Indian Penal Code. See. 3 J 



Pnniflhment 
for Qidnga 
filse trade 
imrkor pro- 
perty mark. 

GountorCelb^ 

IngA tede 

mark or 

propofty 

markuiedbj 

another. 

Gonnteifeii- 

ingamark 

uaedbya 

pablie eer- 

Taat. 



Making or 
poiMMion of 
any instra 
moot for 
ooontorfeii* 
ingatrade 
mark or pro- 
pertymark* 



SoDiiig goods 
marked with 
acoanier- 
felt trade 
mark or pro- 
perty mark. 



marked^ or any property or goods contained in any such receptacle so marked 
belong to a person to whom they do not belong, is said to use a false property 
mark. 

" 482. Whoever uses any false trade mark or any false property mark shall, 
unless he proves that he acted without intent to defraud, be punished with 
imprisonment of either description for a term which may extend to one year 
or with fine, or with both. 

'^ 4SS. Whoever counterfeits any trade mark or property mark used by 
any other person shall be punished with imprisonment of either description 
for a term which may extend to two years, or with fine, or with both. 

'' 484. Whoever counterfeits any property mark used by a public servant, 
or any mark used by a public servant to denote that any property has been 
manufactured by a particular person or at a particular time or place or that 
the property is of a particular quality or has passed through a particular 
office or that it is entitled to any exemption, or uses as genuine any such mark 
knowing the same to be counterfeit, shall be punished with imprisonment of 
either description for a term which may extend to three years, and shall also 
be liable to fine. 

''486. Whoever makes or has in his possession any die, plate or other 
instrument tor the purpose of counterfeiting a trade mark or property mark, 
or has in his possession a trade mark or property mark for the purpose of 
denoting that any goods are the manufacture or merchandise of a person 
whose manufacture or merchandise they are not, or that they belong to a 
person to whom they do not belong, shall be punished with imprisonment of 
either description for a term which may extend to three years, or with fine 
or with both. 

'^486. Whoever sells, or exposes or has in possession for sale or any pur^ 
pose of trade or manufacture, any goods or things with a counterfeit trade 
mark or property mark affixed to or impressed upon the same or to or upon 
any case, package or other receptacle in which such goods are contained, 
shall, unless he proves-^ 

(a) that, having taken all reasonable precautions against committing an 
offence against this section, he had at the time of the commission 
of the alleged offence no reason to suspect the genuineness of the 
mark, and 
{b) that, on demand made by or on behalf of the prosecutor, he gave all 
the information in his power with respect to the persons from 
whom he obtained such goods or things, or 
(e) that otherwise he had acted innocently^ 



1889 : Act IV.] Merchandue Maria. 266 

(Trade DeBcriptiom. Sec. 4.J 

be pDnisfaed with imprisonment of either description for a term which may 
extend to one year, or with fine, or with both. 

"487. Whoever makes any false mark upon any case, package or other MaJdngt 
receptacle containing goods, in a manner reasonably calculated to cause any ^[p^^ 
public servant or any other person to believe that such receptacle contains reoeptade 
goods which it does not contain or that it does not contain goods which it gooda. 
does contain or that the goods contained in such receptnele are of a nature 
or quality different from the real nature or quality thereof shall, unless he 
proves that he acted without intent to defraud, be punished with imprison- 
ment of either description for a term which may extend to three years, or 
with fine, or with both. 

^'488. Whoever makes use of any such false mark in any manner prohi- Pnidfllimdnt 
bited by the last foregoing section shall, unless he proves that he acted with- ^ ^m^^ 
out intent to defraud, be punished as if he had committed an ofience against nich fdie 
that section. 

** 489. Whoever removes, destroys, defaces or adds to any property mark Tunpeiiog 
intending or knowing it to be likely that he may thereby cause injury to any perty mwk 
person, shall be punished with imprisonment of either description for a term J^*^ **^*fcjt 
which may extend to one year, or with fine, or with both.'' juy. 

Trade Descfiptione. 

^ 4. (i) The provisions of this Act respecting the application of a false ProrUdom 
trade description to goods or respecting goods to which a false trade de« to^S«d!^ni- 
scription is applied, shall extend to the application to goods of any such ^^*^ 
numerals, words or marks, or arrangement or combination thereof, whether tion. 
including a trade mark or not, as are or is reasonably calculated to lead 
persons to believe that the goods are the manufacture or merchandise of some 
person other than the person whose manufacture or merchandise they really are, 
and to goods having such numerals, words or marks, or arrangement or com- 
bination, applied thereto. 

' (S) The provisions of this Act respecting the application of a false trade 
description to goods, or respecting goods to which a false trade description is 
applied, shall extend to the application to goods of any false name or initials 
of a person, and to goods with the false name or initials of a person applied^ 
m like manner as if such name or initials were a trade description, and for the 



I Cf, the Meiohui^fle Harki Act, 1887 [60 4 61 Viet., o. 28 ■. 8 (i9)], and Wright thereon, 

DP, 16 and 88. 

s Of. the Merohandiae Ifarka Aot, 1887 [60 k 61 Viot, o. 28, a. 8 (5)]. 



266 



AppUeaiUm 

oftnde 

dMatiptions. 



Fsnalty for 
applying a 
tSbe trade 
daioription 



Merehandiie Maris. 
(Trade Deseriptiofu. Sees 5*6.) 



[1889: Act IV. 



purpose of this enactment the expression false name or initials means as 
applied to any goods any name or initials— 

{a) not beipg a trade mark, or part of a trade mark, and 
(h) being identical with, or a colourable imitation of| the name or 
initials of a person carrying on business in connection with goods 
of the same description and not having authorized the use of such 
name or initials. 
{3) A trade description which denotes or implies that there are contained 
in any goods to which it is applied more yards, feet or inches than there are 
contained therein standard yards, standard feet or standard inches is a false 
trade description. 

^6. (1) A person shall be deemed to apply a trade description to goods 

who— 

(a) applies it to the goods themselves, or 

(l) applies it to any covering, label, reel or other thing in or with which 
the goods are sold or are exposed or had in possession for sale or 
any purpose of trade or manufacture, or 
{e) places, encloses or annexes any goods which are sold, or are exposed 
or had in possession for sale or any purpose of trade or manufac- 
ture, in, with or to any covering, label, reel or other thing to 
which a trade description has been applied, or 
{d) uses a trade description in any manner reasonably calculated to lead 
to the belief that the goods in connection with which it is used 
are designated or described by that trade description. 
(S) A trade description shall be deemed to be applied whether it is woven, 
impressed or otherwise worked into or annexed or affixed to the goods or any 
covering, label, reel or other thing. 

(d) The expression '^ covering'' includes any stopper, cask, bottle, vessel 
box cover, capsule, case, frame or wrapper, and the expression '^ label '' 
includes any band or ticket. 

> 6. If a person applies a false trade description to goods, he shall, sub- 
ject to the provisions of this Act, and unless he proves that he acted without 
intent to defraud, be punished with imprisonment for a term which may 
extend to three months or with fine which may extend to two hundred 
rupees, and in case of a second or subsequent conviction with imprisonment 
which may extend to one year, or with fine, or with both. 



1 (7/. the MerohandSfle Marks Act, 1887 [50 & 61 Viel., o. 28, a. 5]. 
* Cf. tlie MercbandSie Marks AcCi, 1887 [60 & 61 Tiot., e. 28, ■. 2 (i)]. 



1889 : Act IV.] Mefchandite Marts. 267 

(Trade Deicriptions, See* 7. Unintentional Contravention of the Law relat- 
ing to Marks and Descriptions, See* 8,J 

7« If a person eellsi or exposes or has in possession for sale or any par- Penalty for 
pose of trade or manufacfcnrei any goods or things to which a false trade de- to^iv^<£jft 
eeription is applied, he shall, nnless he proves— towiiSon 

(a) that, having taken all reasonable precautions against oommitting an is applied, 
offence against this section, he had at the time of the commission 
of the alleged offence no reason to suspect the genuineness of the 
trade descriptioni and 
(i) that, on demand made by or on behalf of the prosecutor, he gave 
all the information in his power with respect to the persons from 
whom he obtained such goods or things, or 
(c) that otherwise he had acted innocently, 
DO punished with imprisonment for a term which may extend to three months, 
or with fine which may extend to two hundred rupees, and in case of a 
second or subsequent conviction with imprisonment which may extend to 
one year, or with fine, or with both. 

Unintentional Contravention of tie Law relating to Marks and Descriptions. 

1 8. Where a person is accused under section 482 of the Indian Penal Unintentional 
XIiT of I860, Code * of using a false trade mark or property mark by reason of his having ^^tSe 

applied a mark to any goods, property or receptacle in the manner mentioned l*^»l«ttng 

'' ... to nsailu and 

in section 480 or section 481 of that Code, as the case may be, or under deseriptiona. 
section 6 of this Act of applying to goods any false trade description, or 
under section 485 of the Indian Penal Code ' of making any die, plate 
or other instrument for the purpose of counterfeiting a trade mark or pro- 
perty mark, and prove^-^ 

(a) that in the ordinary course of his business he is employed, on behalf 
of other persons, to apply trade marks or property marks, or trade 
descriptions, or, as the case may be, to make dies, plates or other 
instruments for making, or being used in making, trade marks or 
property marks, and that in the case which is the subject of the 
charge he was so employed and was not interested in the goods or 
other thing by way of profit or commission dependent on the sale 
thereof, and 
(i) that he took reasonable precautions against committing the offence 
charged, and 



I C/. the MeTcbandise Marka Act, 1887 [50 k 51 Viol., o. 28, a. 6.] 
* Printed, General Acta, Vol. 1, Ed. 1898> p. 240. 



268 Merehandise Marks. [1889 : Act IV. 

(Forfeiture of Ooods. See, 9. Amendment of the Sea Custome Ad, 1878. 

See. 10.) 

(c) that he had^ at the time of the oommission of the alleged offence^ no 

reason to saspeot the genuineness of the mark or description^ and 

(d) that^ on demand made by or on behalf of the prosecutor, he gave all 

the information in his power with respect to the persons on whose 
behalf the mark or description was applied, 
he shall be acquitted. 

Forfeiture of Ooode. 
Forfcltiire of 19, ( j() When a person is convicted under section 488 of the Indian 

Penal Code ' of using a false trade mark, or under section 486 of that Code XLYoC 18001 
of selling, or exposing or having in possession for sale or any purpose of 
trade or manufacture, any goods or things with a counterfeit trade mark ap- 
plied thereto, or under section 487 or section 488 of that Code of making, or 
making use of, a false mark, or under cection 6 or section 7 of this Act of 
applying a false trade description to goods or of selling, or exposing or having 
in possession for sale or any purpose of trade or manufacture, any goods or 
things to which a false trade description is applied, or is acquitted on proof of 
the matter or matters specified in section 486 of the Indian Penal Code * or 
section 7 or section 3 of this Act, the Court convicting or acquitting him may 
direct the forfeiture to Her Majesty of all goods and things by means of, or 
in relation to, which the ofEence has been committed or, but for such proof as 
aforesaid, would have been committed. 

{2) When a forfeiture is directed on a conviction and an appeal lies 
against the conviction, an appeal shall lie against the forfeiture also. 

{S) When a forfeiture is directed on an acquittal and the goods or things to 
which the direction relates are of value exceeding fifty rupees, an appeal 
against the forfeiture may be preferred, within thirty days from the date oE 
the direction^ to the Court to which in appealable cases appeals lie from 
sentences of the Court which directed the forfeiture. 

Amendment of the Sea Customs Aet, ItffS.^ 

Amfindment « 10. {!) For clause {d) of section 18 of the Sea Customs Act,. 1878, the TUIof 1878. 

Aefc VIII of following shall be substituted, namely : — 

^^^ '' {d) goods having applied thereto a counterfeit trade mark within the 



1 Cf. the Merchandise MatIu Act» 1887 [50 & 51 Viot., 0. 28, ■. 2 (B) (iii)]. 

* Prinlied, General Acts, Vol. I, Ed. 1898, p. 240. 

* Printed, Qeneial Acta, Vol III, p. 168.. 

« Of. the MerohandiM Marks Act, 1887 [60 & 61 Vict., o. 88, s 16 (;9).] 



1889 : Act IV.] Merchandise Marks. 26^ 

(Amendment of the Sea Ctistoms Act^ 1878. See. 11,) 

XLYof 1800. meftning of the Indian Penal Code^^ or a false trade description 

I? of 1889. within the meaning of the Indian Merchandise Marks Act, 1889 : 

(tf) goods made or produced beyond the limits of the United Kingdom 
and British India and having applied thereto any name or trade 
mark being, or purporting to be, or being a colourable imitation 
of| the name or trade mark of any person who is a manufactureri 
dealer or trader in the United Kingdom or in British India, 
unless^- 

(i) the name or trade mark is, as to every application thereof, 
accompanied by a definite indication of the goods having been 
made or produced in a place beyond the limits of the United 
Kingdom and British India, and 
(ii) ' [the country in which that place is situated is] in that 
indication indicated in letters as large and conspicuous as any 
letter in the name or trade mark, and the same language and 
character as the name or trade mark/' 
{^) To section 18 of the Sea Customs Act, 1878,* as amended by sub- 
fleotion (i), the following shall be added, namely : — 

^' if) piece-goods, such as are ordinarily sold by length or by the piece, 
which— 

(i) have not conspicuously stamped in English numerals on each 
piece the length thereof in standard yards, or in standard 
yards ajid a fraction of such a yard, according to the real 
length of the piece, and 
(ii) have been manufactured beyond the limits of India, or 
(iii) having been manufactured within those limits have been 
manufactured beyond the limits of British India in premises 
which, if they were in British India, would be a factory as 
XV of 1881. defined in the Indian Factories Act, 1881.' 

VIII of 1878. !!• The following shall be added after section 19 of the Sea Customs Act, Addition of 

1878,» namely :- ^ftS^^JStlon 

* " 19A. (i) Before detaining any such goods as are or may be specified ^®» ^ ^m 
in or under section 18 or section 19, as the case may be, or taking any further 



^ Printed, General Acts, Vol. I, Ed. 1898, p. 240. 

' The words " the country in which that place is sitoated is ** were sahstituted for the words 
^ that place and the country in which it is situated are " hy the Indian Hercbandise Marks and 
Sea Cnstomi Acts Amendment Act, 1891 (IX of 1891), printed. General Acts, Vol. VI, 

* Printed, General Acts, VoL III, pp. 168 snd 881, respectively. 

« C/. the Merchandise Marks Act, 1887 [60 & 61 Vict, c. 28> 8. 16 (2), (0)» (4, (5), (7) 
sod (8)]. 



1^70 Merehandue Marif. [1889 : Act IV. 

(Stamping qf Length of Pieee^goodi mcmtfaeturei in Britiih India. 

See. 19.) 

proceedings with a view to the confiscation thereof nnder this Act^ the Chief 
Gnstoms-officer or other officer appointed by the Local GoYernment in this 
behalf may require the regulations under this section, whether as to informa- 
tion^ security, conditions or other matters, to be complied with and may 
satisfy himself in accordance with those regulations thab the goods afe such 
as are prohibited to be imported. 

(2) The Governor General in Council may make regulations, either 
general or special, respecting the detention and confiscation of goods the 
importation of which is prohibited^ and the conditions, if any, to be fulfilled 
before such detention and confiscation, and may by such regulations determine 
the information, notices and security to be given, and the evidence requisite 
for any of the purposes of this section and the mode of verification of such 
evidence. 

{3t) Where there is on any goods a name which is identical with, or a 
colourable imitation of, the name of a place in the United Kingdom or British 
India, that name, unless accompanied in equally large and conspicaous letters^ 
and in the same language and character, by the name of the country in which 
such place is situate, shall be treated for the purposes of sections 18 and 19 
as if it were the name of a place in the United Kingdom or British India. 

[4) Such regulations may apply to all goods the importation of which is 
prohibited by section ISor under section 19, or different regulations may be 
made respecting different classes of such goods c^ of offences in relation to 
such goods. 

(5) The regulations may provide for the informant reimbursing any pub- 
lie officer and the Secretary of State for India in Council all expenses and 
damages incurred in respect of any detention made on his information, and 
of any proceedings consequent on such detention. 

(^ All regulations under this section shall be published in the Gazette of 
India and in the Calcutta, Fort St. George, Bombay and Burma Gazettes.'' 

Stamping of Length of Pieee^goodi manufaeinred in British India. 
Siamploffof 12. {1) Piece-goods, such as are ordinarily sold by length or by the 

^^^^.goods piece, which have been manufactured in premises which are a factory as 
™^™iared defined in the Indian Factories Act, 1881,* shall not be removed from those XV of 1881. 
India. premises without having conspicuously stamped in English numerals on eaeh 



> Pzinied^ Qeneral AeU, Yd. Ill, Ed. 1898, p. 168. 



1889: Act IV.] Merchandise Marks. 271 

(Supplemental Provisions. Sees, 13-16.) 

piece the length thereof in standard jards, or in standard yards and a frac- 
tion of such a yard^ accordiDg to the real length of the piece, 

{S) If any person removes or attempts to remove any such piece-goods 
from any such premises without the length of each piece being stamped in 
the manner mentioned in sub-section {!), every such piece^ and everything used 
for the packing or removal thereof, shall be forfeited to Her Majesty, and 
such person shall be punished with fine which may extend to one thousand 
rupees. 

Supplemental Provisions* 

^ 13. In the case of goods brought into British India by sea, evidence of Eyidenoe of 
the port of shipment shall, in a prosecution for an offence against this Act or goods Im- 
Vinaf W8.I section 18 of the Sea Customs Act, 1878,' as amended by this Act, be primd j^^ 
facie evidence of the place or country in which the goods were made or 
produced. 

' 14. (i) On any such prosecution as is mentioned io the last foregoing CV>eti of 
section or on any prosecution for an offence against any of the sections of pioeeontiaii. 
XLY of 1860. the Indian Penal Code,^ as amended by this Act, which relate to trade, 
property and other marks, the Court may order costs to be paid to the defend- 
ant by the prosecutor or to the prosecutor by the defendant, having regard to 
the information given by and the conduct of the defendant and prosecutor 
respectively. 

(8) Such costs shall, on application to the Court, be recoverable as if they 
were a fine. 

^ 16. No such prosecution as is mentioned' in the last foregoing section IdxnitttUon of 
shall be commenced after the expiration of three years next after the com- ^ 
mission of the ofEence, or one year after the first discovery thereof by the 
prosecutor, whichever expiration first happens. 

16. (1) The Governor G-eneral in Council may, by notification in the Auiboriiy of 
Gazette of India and in local official Gazettes, issue instructions ® for obser- Q^end?^ 
vanoe by Criminal Courts in giving effect to any of the provisions of this ?^^f^JJ?L 
Act. tions u to 

{2) Instructions under sub-section {1) may provide, among other matters, tion of tUt 
for the limits of variation, as regards number, quantity, measure, gauge or ^^ 

^ Cf. the Merohandise Marks Aet, 1887 [60 & 51 Viet., c 28, ■. 10 (J9)]. 

* Pzinted, General Acts, Vol. Ill, p. 168. 

> Cf. the MerohancUM Marks Act, 1887 (60 k 61 Tust, o. 28, a. 14). 
« Printed, Qeneial Acta, Vol. 1, Ed. 1898, p. 240. 

> Cf, the Merchandiie Marks Aet» 1887 (60 k 61 Yict, c. 28, ■. 16). 

• For notiflcationa containing tadiinstraotion8,«««Qa8ette of India, 189 Ptl,p.82d> 



27* 



ImpUed 

wananty 

Mleof 

marked 

goods* 



Sftvinga. 



Deflnition <d 
piece-goods. 



Detenninft- 
tionof 
eharacier of 

goods by 

8ftmpHng« 



Merehandi$e Maris. [1889 : Act IV. 

(Supplemental Provisions. Sees. 17'20.) 



weight, which ar6 to be recogDized by Criminal Courts as permissible in the 

case of any goods. 

1 17. On the sale or in the contract for the sale of any goods^to which a 
trade mark or mark or trade description has been applied, the seller shall be 
deemed to warrant that the mark is a genuine mark and not counterfeit 
or falsely used, or that the trade description is not a false trade description 
within the meaning of this Act, unless the contrary is expressed in some 
writing signed by or on behalf of the seller and delivered afc the time of the 
sale or contract to and accepted by the buyer. 

• 18. (i) Nothing in this Act shall exempt any person from any suit or 
other proceeding which might, but for any thing in this Act, be brought 

against him* 

(2) Nothing in this Act shall entitle any person to refuse to make a com- 
plete discovei7 or to answer any question or interrogatory in any suit or other 
proceeding, but such discovery or answer shall not be admissible in evidence 
against such person in any such prosecution as is mentioned in section 14. 

(S) Nothing in this Act shall be construed so as to render liable to any 
prosecution or punishment any servant of a master resident in British 
India who in good faith acts in obedience to the instructions of such master, 
and, on demand made by or on behalf of the prosecutor, has given full inform- 
ation as to his master and as to the instructions which he has received from 

his master. 

» 19; {Date of commencement of this Act as regards mstamped jneee-ffoods.'] 
Sep. ly Act IX of 1891. 

• 19. For the purposes of section 12 of this Act and clause (f) of section 

18 of the Sea Customs Act, 1878,6 as amended by this Act, the Governor VIUoflSTa 
General in Council may, by notification in the Gazette of India,« declare what 
classes of goods are included in the expression ' piece-goods, such as are ordin- 
arily sold by length or by the piece. ' 

i 20. U) The Governor General in Council may make rules,* for the pur- 
poses of this Act, to provide, with respect to any goods which purport or are 
alleged to be of uniform number, quantity, measure, gauge or weight, for the 

1 Of. the Merohandttse Marks Act, 1887 (60 k 61 Vict., c 28, s. 17). 
i C/ the MerchandUe Marks Act. 1887 (60 & 61 Vict., c 28, s. 19) 

• Tl^« headixur to s. 19, namely, " Tiansiioiy Provirion," was repealed at the same time by the 
^me^^^^^^^ Mer&uidise Marks and Sea Customs Acts Amendment Act, 1891 (IX 

°* ^^?sL' 19 to 22 here printed were added by the Indian Merchandise Marks and Sea Customs 
Acts Amimdment A^, iSl (IX of 1891). a 4, printed. General Acts, Vol. VI. 

• Printed, General Acts, VoL HI, p. 168. ^ - , j. lOAt lu. t loir 

• For ndes issued under these sections, sse Gazette of India, 1891, Pt. I, p. 187. 



1889 : Act IV.] Merehandite Maris. 27S 

(Supplemental Provisions. Sees. SUSS. J 

number of samples to be selected and tested and for the selection of the 
lamples. 

{Sf) With respect to any goods for the selection and testing: of samples of 
which provision is not made in any rales for the time, being in force under 
8nb«section (1), the Court or oflScer of Castoms^ as the case may be, 
having occasion to ascertain the number, quantity, measure, gauge or 
weight of the goods, shall, by order in writing, determine the number of 
samples to be selected and tested and the manner in which the samples are 
to be selected. 

{S) The average of the results of the testing in pursuance of rules under 
sub^section (i) or of an order under sub-section {S) shall he primi facie evid- 
ence of the number, quantity, measure, gauge or weight, as the case may be, 
of the goods. 

{4) If a person having any claim to, or in relation to, any goods of which 
samples have been seleeied and tested in pursuance of rules under sub-section 
(1) or of an order under sub-section (S) desires that any further samples of 
the goods be selected and tested, they shall, on his written application and on 
the payment in advance by him to the Court or officer of Customs, as the case 
may be, of such sums for defraying the cost of the further seleotion and test* 
ing as the Court or officer may from time to time require, be selected and 
tested to such extent as may be permitted by rules to be made by the Governor 
General in Council in this behalf or as, in the case of goods with respect to 
which provision is not made in such rules, the Court or officer of Customs 
may determine in the circumstances to be reasonable, the samples being selected 
in manner prescribed under sub-section (i), or in sub-section (S), as the case 
may be. 

(5) The average of the results of the testing referred to in sub-section (3) 
and of the further testing under sub-section {4) shall be conclusive proof of 
the number, quantity, measure, gauge or weight, as the case may be, of the 
goods. 

{6) Rules under this section shall be made after previous publication. 

^ 21. An officer of the Government whose duty it is to take part in the Information 
enforcement of this Act shall not be compelled in any Court to say whence mieBion of 
be got any information as to the commission of any ofEence against this Act. ^^^^ 

^ 22. If any person, being within British India, abets the commission, Ponisbmeot 
without British India, of any act which, if committed rn British India,' would ia indiA of 

^ 8s. 21 and 22 were added by the Indian Merchandise Marks and Sea Cnstoms Acts Amend- 
ment Act, 1891 (IX of 1891), 8. 4, printed, Oeneral Acts, Vol. VI. 

' Cf, 8. 108a of the Indian Penal Code (Act XLY of 1860), printed. General Acts, Vol. I, Ed. 
1898, p. 240. 

TOL. T, T 



■eta done 
oi«l of India. 



£74 



Probaie and Administration. [1889 : Aot VI« 

(See. 1. Indian Sueeession Act, 1865. See. 8.J 



under this Act^ or ander any eection of that part of Chapter XVIII o( the 

Indian Penal Code ^ which relates to trade, property and other marks, be an XLTol IWI. 

offence^ he may be tried for snob abetment in any place in British India in 

which he may be founds and be pnuished therefor with the punishment to 

which he would be liable if he had himself committed in that place the aot 

which he abetted. 



lltle, extent 
and eom« 
nenoenient. 



Amendment 
of leetton 

aa^^Aetx, 

1866. 



ACT No. VI OF 1889.« 

[8H Marek, 1889.] 

An Act to amend the Indian Succession Act, 1865,' the Probate 
and Administration Act, 1881,^ the Court-fees Act, 1870/ 
• • • • and to make provision with respect to certain 
other matters. 

Whebsas it is expedient to amend the Indian Sueeession Aot, 1866 * the ^ ot 186K. 

V of 1881« 

Probate and Administration Aot, 1881,* the Coart-fees Aot, 1870,' » » ♦ * « vii of I87a 
and to make provision with respeet to certain other matters ; It is hereby 
enacted as follows ;-*^ 

1. (I) This Act maj be called the Probate and Administration Aot^ 
1889. 

(S) It applies to the whole of British India ^ «««♦*. and 
{8) It shall come into force at once. 

Indian Sueeesnon Act, 1865. 

2. After the 4th ckuse of the explanation to section 234 of the Indian 
Snocession Aot^ 1865,' the following shall be added, namely ; — 

" 5th, that the person to whom the grant was made has wilfally*>md 
withoat reasonable cause omitted to exhibit an inventory or account in 



X of 1S66. 



^ Printed, Oenenl Acts, Vol. I, Ed. 1898, p. 240. 

' For Statement of Objects and BpMons, tea Gasette of India, 1888, Ft. Y, p. 68 1 for Bepnt 
of the Select Committee, ms ibid, 1889, Pt. IV, p. 89 ; and for Ftoceedings in Coaodl, •#• ibid. 
1888. PtVI, pp. 90 and 1 88, and %bid, 1888, pp. SO and 45. 

The whole Aot. with the eiception of s. 21, has been dec1tx«d in force in Upper Burma 
(except the Shan States) bj the Hnrma Laws Act, 1898 (XlII of 1898). 

The Act has also been declared to be in force in the Santh<l Fuganas nnder s. 8 of the gUTiili^ 
Pttfganns Settlement Brgulation (III of 1872) as amended by the Santhfl Panranas Lawi Beffola- 
tion, 1886 (III of 1886), printed, Bengal Code, Ed. 1889, Vol. I, p. 698. 

As bang part of the Acts amended by it, the Art is in force ia British Bftlnehistany #•# British 
Baluchistan Lsws BegnUtioii, 1890 (I of 1890), printed, Baluchistan Code, Ed. 1880, p. 69. 

• Printed, General Acts, Vol. I, Ed. 18»8, p. 468. 

^ Printed, General Acts, Vol. Ill, Ed. 18»8, p. 889. 

• Printed, General Acts, YoL II, Bd. 1898, p. Ifi. 

• The words *' and the Stamp Aot, 1879," were repealed by the Indian Stamp Aet» 1899L 

-.. /P.*?7^**l''®l?"^*®''^PP®^®'*""*'®*<*P* ***« S^a States," were reptaled by tha 
fifth SoheduU to the Burma Laws Act, 1898 (XIII of 1898). 



1889 : Act VI.] Probate and Administration. lib 

(Indian Sueeession Act, 1865. Sees. 3-7.) 

accordance with the provisions of Part XXXIV of this Aot or has exhibited 
under that Part an inventory or acconnt which is untrue in a material 
respect/' 

3. In section 244 of the same Act^ for the words '' and that the petitioner Annm^myit 
is the executor therein named '' the following shall be substituted^ namely :-« 244^?x 

1866. 

^' the amoant of assets which are likely to come to the petitioner's hands 
«nd 

''that the petitioner is the executor named in the will ; "• 

4* For the last forty-two words of section 254 of the same Aot the follow Amendmnt 
ing shall be substituted, namely :— 255, Ad X, 

** he having undertaken to administer the same^ and to make a full and 
true inventory of the said property and credits and exhibit the same in this 
Court within six months from the date of this grant or within such further 
time as the Coui*t may from time to time appoint^ and also to render to this 
Court a true account of the said property and credits within one year from 
the same date or within such further time as the Court may from time to 
time appoint/^ 

5. For the last forty-five words of section 255 of the same Aot the follow- Amendment 
ing shall be substituted, namely :— 255, Act X, 

'^ he having undertaken to administer the same, and to make a full and ^^^ 
true inventory of the said property and credits and exhibit the same in this 
Court within six months from the date of this grant or within such further 
time as the Court may from time to time appoint, and also to render to this 
Court a true account of the said property and credits within one year from the 
same date or within such further time as the Court may from time to time 
appoint/' 

6. In section 256 of the same Aot, for the words '^ Every' person to whom AmendmtBt 
any grant of administration shall be committed '' the words ^* Every person ^^^\ 
to whom any grant of letters of administration is committed '' shall be 1865. 
substituted. 

7. For section 277 of the same Act the following shall be substituted, SubstitatioA 

, of newMo« 

namely :— tion for mg« 

tion 277, 
Act X, 1866. 

^'277. (1) An executor or administrator shall, within six months from inTentcsv 
the grant of probate or letters of administration, or within such further time *^ soeoaBi. 
as the Court which granted the probate or letters may from time to time 
appoint, exhibit in that Court an inventory containing a full and true estimate 
of all the property in possession, and all the credits, and also all the debts 

t2 



Amendmoit 
cf Modon 
S77A,Aot 
H, 1865. 



Amoidment 
of section 
988, Act X, 
1866. 



Addition to 
Act X, 1866. 
Snmnder of 
roToked pio* 
1»te or letterf 
of adminia- 
tration* 



876 Probate and Admnistration. [1889 : Act VI 

^Indian Sueeetsion Aety 1866. Sees. 8*10, Probate and Administration Aei, 

1881. See. 11.) 

owing by any person to which the executor or administrator is entitled 
in that character^ and shall in like manner, within one year from the 
grant or within such further time m the said Court may from time to time 
^ppoint^ exhibit an account of the estate^ showing the assets which have come 
to his hands and the manner in which they have been applied or disposed of, 

(^ The High Court may from time to time prescribe the form in 
which an inventory or account under this section is to be exhibited. 

(S) If an executor or administi-atorj on being required by the Court 
to exhibit an inventory or account under this section, intentionally omits to 
comply with the requisition^ he shall be deemed to have committed an offence 
under section 176 of the Indian Penal Code.* 

(^ The exhibition of au intentionally false inventory or account nnder 
this section shall be deemed to be an offence under section 193 of that Code." 

8. In section 277A of the same Act, for the words 'Mt is sought to obtain 
a grant " the words '' a grant has been made ", and for the words and figures 
''the person applying for administration after the first day of April, 1875/' 
the word ''administrator", shall be substituted. 

9. {I) In section 283 of the same Act, for the words " the country in 
which he was domiciled" the words '' British India" shall be substituted. 

(2) [Repeal of illustration to section 283."] • Sep. bf tie Repealing and 
Amending Act, 1891 (XII of 1891). 

10. To the same Act the following shall.be added, namely :— 

" SS8. (i) When a grant of probate or letters of administration is revoked 
or annulled under this Act, the person to whom the grant was made shall 
forthwith deliver up the probate or letters to the Court which made the 
grant. 

(S) If such person wilfully and without reasonable cause omits so to 
deliver up the probate or letters, he shall be punished with fine which may 
extend to one thousand rupees, or with imprisonment of either description 
for a term which may extend to three months, or with both/' 



XLVoffueo. 



AoMndment 
of Motion 60» 
At/t Y, 1881. 



Probate and Administration Act, 1881.^ 

!!• After the 4th clause of the tfjr/7/a«a/f(?ft to section 60 of the Frobote 
and Administration Act, 1881, the following shall be added, namely : — y ^f IMI. 

" 6th, that the person to whom the grant' was made has wilfully and 



1 Printed, General Acti, VoL I, Ed. 1898, p. 240. 
> Printed, Genenl Aets, Vol. Ill, Ed. 1898, p. 889. 



1889 : Act VI.] Probate and AdmnUtroHcm. 277 

(Probate and Admnieiration Act, 1881. Seee. 12^14.) 

without reasonable cause omitted to exhibit an iaventory or acoonnt in ao- 
oordance with the provisions of Chapter VII of this Act, or has exhibited 
under that Chapter an inventory or account which is untrue in a material 
respect." 

12. For the portion of section 76 of the same Act beginning with the Amendmfloft 
words ''he having undertaken to administer the same " and ending with the ioiy,i88l« 
words '' within one year from the same date ** the following shall be snbsti* 
tuted, namely :— 

'' he having undertaken to administer the same and to make a full and 
true inventory of the said property and credits and exhibit the same in this 
Court within six months from the date of this grant or within snch further 
time as the Court may from time to time appoint, and also to render to this 
Court a true account of the said property and credits within one year from 
the same date or within such further time as the Court may from time to 
time appoint/' 

13* For the portion of section 77 of the same Act beginning with the ▲m«iidiiieiit 
words ''he having undertaken to administer the same " and ending with the /^lyig^* 
words " within one year from the same date '' the following shall be substi- 
tuted, namely : — 

" he having undertaken to administer the samCi and to make a full and 

true inventory of the said property and credits and exhibit the same in this 

Court within six months from the date of this grant or within such further 

time as the Court may from time to time appoint, and also to render to this 

Court a true account of the said property and credits within one year from 

the same date or within such further time as the Court may from time to 

time appoint," 

14. For section 90 of the same Act the following shall be substituted, SnbttitatLoB 
I ol new Mo- 

namely :— tion for aec 

tionSO, Ael 

y,i88i. 

"90« (i) An executor or administrator has, subject to the provisioos of Power of e«< 
this section, power to dispose, as he thinks fit, of all or any of the property misiitnior 
for the time being vested in him under section 4. ^xotSST ** 

(2) The power of an executor to dispose of immoveable property so 
vested in him is subject to any restriction which may be imposed in this 
behalf by the will appointing him unless probate has been granted to him and 
the Court which granted the probate permits him by an order in writing, not- 
withstanding the restriction, to dispose of any immoveable property spe- 
cified in the order in a manner permitted by the order. 



ft78 



Trohate and Adminititation. [1889 : Aot VI» 

(Probate and Administration Act, 1881, See, IB J 



Bubitltatioii 
of new lec- 
tion for Mo- 
tion 98» Act 
y. 1881. 

InTontory 
■ndMoonnt. 



{3) An administrator may not^ without the previous permission of the 
Court by which the letters of administration were granted,-^ 

(a) mortgage, charge or transfer by sale, gift, exchange or otherwise 
any immoveable property for the time being vested in him under 
section 4, or 
{b) lease any such property for a term exceeding five years. 

{4) A disposal of property by an executor or administrator in contraven* 
tion of sub-section (8) or sub-section {3), as the case may be, is voidable at 
the instance of any other person interested in the property. 

(5) Before any probate or letters of administration is or ate granted 
under this Act there shall be endorsed thereon or annexed thereto a copy of 
sub-sections (2), (8) and {4)^ or of sub-sections (J), (8) and {4), as the case 
may be. 

{6) A probate or letters of administration shidl not be rendered invalid 
by reason of the endorsement or annexure required by the last foregoing sub* 
section not having been made thereon or attached thereto, nor shall the 
absence of such an endorsement or annexure authorise an executor or adminis- 
trator to act otherwise than in accordance with the provisions of this section. '' 

15. For section 98 of the same Act the following shall be substituted^ 
namely :— 

^'^ 98. {!) An executor or administrator shall, within six months from the 
grant of probate or letters of administration, or within such further time ae 
the Court which granted the probate or letters may from time to time appoint, 
exhibit in that Court an inventory containing a full and true estimate of all 
the property in possession, and all the credits, and also all the debts owing by 
any person to which the executor or administrator is entitled in that character, 
and shall in like manner, within one year from the grant or within such 
further time as the said Court may from time to time appoint, exhibit an 
account of the estate, showing the assets which have come to his hands and 
the manner in which they have been applied or disposed of, 

(<^) The High Court may from time to time prescribe the form in which 
an inventory or account under this section is to be exhibited. 

(5) If an executor or administrator, on being required by the Court to 
exhibit an inventory or account under this section, intentionally omits to 
comply with the requisition, he shall be deemed to have committed an offence 
under section 1 76 of the Indian Penal Code. ^ 



XLYoflMll 



^ Printed, Oenenl Aek^ VoL I, Ed. 1808, p. 240. 



1889 : Act VI.] Probaie and Jdministration. i79 

(Probate and Administration Aet^ 1881. 8ec$. 16-18. Miseellaneoui* 

See. 19.) 

{4) The exhibition of an intentionallj false inventory or account under 
this section ehall be deemed to be an offence under section 193 of that Code, '* 

16. In section 99 of the same Act^ for the words '^ it is sought to obtain Amendment 
a grant ** the words '^ a grant has been made ^\ and for the words '' the person ^ok V iSsi/ 
applying for administration '' the word ^' administrator *\ shall be substituted. 

17. To the same Act the following shall be added, namely :— Addition te 

'' 157. (i) When a grant or probate of letters of administration is revoked Surrender of 

reroked pro* 
or annulled under this Aot^ the person to whom the grant was made shall bate or 

forthwith deliver up the probate or letters to the Court which made the grant. ^^\^^ 

{2) If such person wilfully and without sufficient cause omits so to ^<"^ 

deliver up the probate or letters^ be shall be punished with fine which may 

extend to one thousand rupees, or with imprisonment which may extend to 

three months, or with both* ** 

Court-fees Act, 1870,^ * * * «« 

18. (1) [Sefeal of article 16 (8ch. II), Act FII of 1870.'\ Bep. by the 

Befealing and Amending Act, 1891 (XII of 1891). 

(2) In article 6 of the second schedule to the Court-fees Act. 1870.^ for Amendment 

tt# aai vir 
the words '^ Bail-bond or other instrument of obligation not otherwise i870. ' 

provided for by this Act, when given by the direction of any Court 

or executive authority^'' the following words shall be substituted, namely :— 

** BaiLbond or other instiTiment of obligation given in pursuance of an 
order made by a Court or Magistrate under any section of the Code of 
Xiy of 1888. Criminal Procedure, 1882,' or the Code of Civil Procedure/' * 

{3), {4^ [Amending the Indian Stamp Act, 1679.] Rep. by the Indian 
Stamp Act, 1899. 

Miscellaneous. 

19* Notwithstanding anything in section 90 of the Probate and Adminis* Validation of 
Y ol 1881. tration Act, 1881,^ a disposal of property by an executor or administrator gnnti of 

who was appointed before the commencement of this Act, and to whom the *^™'>^*^>^ 

^ Printed, General Acts, Vol. II, Bd. 1898, p. 124. 

* The words *' and Indian Stamp Act, 1879 " in the heading were repealed hy the Indian Stamp 

Act, 1899. 

< Se4 now the Code of Criminal ProcedarA, 1898 (Act V of 1898). 
« Printed, Qeneral AoU, Vol. IV, £d. 1898, p. 262. 

• Printed, General Acta, VoL III, Ed. 1898, p. 839. 



tso 



tion alrtadj 
made. 



BeeoTery of 
penalttof Mid 
loxfeiinre 
under Ac* 
▲11, 187a 



Prolate and Admniitraiian. 
(MUeellaneout. See. 20,) 
Sueeemon CerUfieate. 



[1889 : Act VL 



[1889 : Aet VII. 



provisions of that section wero applicable, shall not be void by reason only 
that the consent of the Court to the disposal of the property was not obtained. 

20. (i) Any penalty or forfeiture under sectiou 19Q or section 19 H o£ vnof laTO* 
the Court-fees Act, 1870,* may, on the certificate of the Chief Controlling 
Revenue-authority, be recovered from the executor or administrator as it 

were an arrear of laod*revenue by any Collector in any part of British India, 
*{2) The Chief Controlling Revenue-authority may remit the whole or any 
part of any such penalty or forfeiture, or any part of any further penalty pay- 
able under section 19E of the said Act. 

21, [Repeal of part of sedion 7 (3), Bengal Jet FII of 1880.] Rep. by 
the Repealing and Amending Aet, 1891 {XII of 1891).* 



THE SUCCESSION CERTIFICATE ACT, 1889. 



CONTENTS. 



Sbotionb. 

1. Title, commencementi extent and application. 

2. Repeal. 

8. Definitions. 

4. Proof of representative title a condition precedent to recovery through 

the Courts of debts from debtors of deceased persons. 

5. Court having jurisdiction to grant certificate. 

6. Application for certificate. 
7* Procedure on application. 

8. Contents of certificate. 

9. Requisition of security from grantee of certificate, 

1 0. Extension of certificate. 

11. Forms of certificate and extended certificate. 

12. Amendment of certificate in respect of powers as to securities* 
18. Amendment of Act VII, 1870. 

14. Mode of collecting court-fees on certificates. 

15. Local extent of certificate. 
Id. Effect of oertiGcate. 

17. Effect of certificate granted or extended by British representative in 

Foreign State. 

18. Revocation of certificate. 

19. Api>eal. 



I Printed, General Actf, Vol. II, Ed. 1898, p. 124. 
> Printed, General Aeti, Vol YI, Bd. 1898. 



1889 : Act VIL] Sueeeuion CerHfieaie. 281 

(See. 1.) 

SionoNB. 

20. Effect on certificate of previons certificate^ probate or letters of 

administration, 

21. Effect on certificate of subsequent probate or letters of administration. 

22. Validation of certain payments made in good faith to holder of inyalid 

certificate. 
28. Prohibition of exercise of certain powers by curators. 

24. Effect of certain probates and letters. 

25. Effect of decisions under this Act, and liability of holder of certificate 

thereunder. 

26. Investiture of inferior Courts with jurisdiction of District Court for 

purposes of this Act. 

27. Surrender of superseded and invalid certificate. 

28. Provifflons with respect to certificates under Bombay Regulation YIII 

of 1827. 



THB FIRST SCHEDULE. — Enactments bibpbalid. 

THE SECOND SCHEDULE. — Forms op CBRTinciTB and Extendbd 
Cbbtificatb. 

ACT No. VII OF 1889.1 

[Bth March, 1889.] 

An Act to facilitate the collection of debts on successions and 
afford protection to parties paying debts to the representa- 
tives of deceased persons. 

Whbbbas it is expedient to facilitate the collection of debts on successioni 
and afford protection to parties paying debts to the representatives of deceased 
persons ; It is hereby enacted as follows : — 

1. (!) This Act may he called the Succeseion Certificate Act, 1880. Tltt«,ooiii- 

(2) It shall come into force on the first day of May, 1889 ; and menetmsi^* 

oxtaodv Slid 

(3) It extends to the whole of British India* * * * * » applkittoB, 

{4) But a certificate shall not he granted thereunder with respect to any 
debt or security to which a right c»in be e^tahliphed by probate or letters of 

1 For Statement of Objecti and Beaaona, see Gazette of India, 1888, Ft. V, p. GO ; for Report 
of tbe Select Committee, eee ibid^ 1889, Pt V, p. 46 ; and for F^eeding^ in Coandl, se& ibid, 
1888, Ft VI, pp. 92 and 186, nnd ibi/L 1889, Ft. VI, p. 48. 

ilie Act baa been declared in force in Upper Burma (except tbe Sban Statea) by tbe Burma 
Lawa Act. 18s«8 (XllI of 1898). 

Tbe Act bMB aico been declared to be in force in Britiab Balncbiatan by tbe Britiab Balncbia- 
taa Lawa Regulation, 1890 (I of 1890), a 3, printed, Balncbiatan Code* Ed. 1890, p. 69 ; and in 
ib« Angul Diatrict by tbe Angnl Diatrlct Regnbktion, 1894 (I of 1894), a. 8. 

It baa been declared in force ii. tbe Santb4l Fargaoaa by notification nnder a. 8 of tbe Santbil 
Farganaa Settlement Regnlation (III of '872) aa amended by tbe Santhll Farganaa Lawa 
Regulation, 1886 (HI of 188H). printed, Bengal Code, Ed. 1889, p. 697. 

* Tbe wcrdB *' inelnsive of Upper Burma, except tbe Sban Statea/' were repealed by tbe Fifth 
Scbedole to the Burma Lawa Act, 1898 (XIII of 1898). 



282 



Bepeftl. 



Dtflnitiont. 



Pfoof of 
TepreMntatiTe 
title a oon- 



Sueeeision Certificate. 
(Sees. a-d.J 



|;1889 : Act VIL 



1884. 



adminifitration ander the Indian Succeesiou Act, 1865^^ or by probate of a X of 1865. 
will to which the Hindu Wills Act, 1870/ applies, or by letters of adminis- XXI of 1870. 
tiation with a copy of such a will annexed. 

2. (i) The enactments specified in the first schedule are repealed to the 
extent mentioned in the third column thereof. 

{S) But nothing in this Act shall afEect any certificate granted before the 
commencement of this Act under A.ct XXVII of 1860 ' or any enactment 
repealed by that Act. 

(3) Any enactment except this Act and section 152 of the Probate and 
Administration Act^ 1881,^ or any document, referring to any enactment Vol 1881. 
repealed by this Act shall, so far as may be, be construed to refer to this Act 
or to the corresponding portion thereof/ 

3* In this Act, unless there is something repugnant in the subject or 
context, — 

(1) '^ District Court'', subject to the other provisions of this Act and to 

the provisions of proviso {t) to section 23 of the Punjab Courts Act, 1 884,* XYIII of 
and of any other like enactment for the time being in force, means a Court 
presided over by a District Judge : and 

(2) " Security " means — 
{a) any promissory note, debenture, stockor other security of the Govern- 
ment of India ; 

(i) any bond, debenture or annuity charged by the Imperial Parliament 
on the revenues of India ; 

(c) any stock or debenture of, or share in, a company or other incor- 

porated institution ; 

(d) any debenture or other security for money issued by, or on behalf 

of, a local authority ; 

(e) any other security which the Governor Genera] in Council may, by 

notification in the Gazette of India, declare to be a security for 
purposes of this Act. 
4. (i) No Court shall— 

(a) pass a decree against a debtor of a deceased person for payment of 
his debt to a person claiming to be entitled to the effects of the 
deceased person or to any part thereof, or 



^ Printed, Qenezml Acts, Vol. I, Ed. 1898» p. 468. 

* Printed, General Actg, Vol. II, Bd. 1898, p. 168. 
' Bepealed by tlui Act. 

« Printed, General Acts, Vol. Ill, Ed. 1898, p. 839. 

* See tlie reyiaed edition, as modified ap to the Ist April, 1891, poblished hy the LegislatiTft 
Department. "^ 



1889 1 Act VII.] Sueeeision Ceriifieate. 288 

(Seei* 6'6*) 

{b) proceed, upon an application of a person olaimiog to be bo entitled| ^^^^ preee> 
to execute against such a debtor a decree or order for the payment recovery 
of his debt, ttinrngi th» 

except on the production^ by the person so claiming, of-— debta from 

(i) a probate or letters of administration evidencing the grant to him of deoetMd 
administration to the estate of the deceased, or powmi. 

(ii) a certificate granted under section 36 or section 87 of the Adminis- 
trator General's Act, 1874/ and having the debt mentioned 
therein, or 
(iii) a certificate granted under this Act and having the debt specified 

therein, or 
(iv) a certificate granted under Act XXVII of 1860 ' or an enactment 

repealed by that Act, or 
(v) a certificate granted under the Regulation of the Bombay Code 
No. VIII of 1827 ' and, if granted after the commencement of 
this Act, having the debt specified therein. 
(2) The word 'Mebf in sub-section (i) includes any debt except rentj 
revenue or profits payable in respect of land used for agricultural purposes. 

5. The District Court within the jurisdiction of which the deceased Court haviog 
ordinarily resided at the time of his death, or if at that time he had no fixed {^^[^f ^ 
place of residence then within the jurisdiction of which any part of the oertifloato. 
property of the deceased may be found, may grant a certificate under this Act. 

6. (i) Application for such a certificate must be made to the District AppUoatlon 
^ Court by a petition signed and verified by or on behalf of the applicant in the f^^^f^* 

XIV o< 188S« manner prescribed by the Code of Civil Procedure ^ for the signing and 
veiifioation of a plaint by or on behalf of a plaintiff and setting forth the 
following particulars, namely :— • 

(a) the time of the death of the deceased; 

(d) the ordinary residence of the deceased at the time of his death and, 

if such residence was not within the local limits of the jurisdiction 

of the Court to which the application is made, then the property 

of the deceased within those limits ; 

{e) the family or other near relatives of the deceased and their respective 

residences ; 
{d) the right in which the petitioner claims ; 
{e) the absence of any impediment under section 1, sub-section (^, or 

I Prinietl, Oenenl AetB, VoL II« Kd, 1888, p. 419. 



* Repealed by thU Act. 

• Prioied, Bombay Code, Vol. I. Bd. 1804, p. XL 
« Printed, Qenerml Aofee, Vol lY, Ed. Ib98, p. 262. 



284 



Prooednre on 
Afj^ioilioii. 



Goitentiof 
oirftiiMW. 



SueeesHon Cefiifieaig* 
(Sees. 7-8.) 



[1889 : Act VIL 



under any other provision of this Act or any other enaotment^ to 
the grant of the certificate or to the validity thereof if it weie 
granted ; and 
if) the debts and .seoorities in respect of which the certificate is applied 
for. 
(;9} If the petition contains any averment which the person verifying it 
knows or believes to be falscj or does not believe to be trne, that person shall 
be subject to pnnishment according to the provisions of the law for the time 
being in force for the punishment of giving or fabricating false evidence. 

7. (i) If the District Court is satisfied that there is gproand for enter- 
taining the application, it shall fix a day for the hearing thereof and cause 
notice of the application and of the day fixed for the hearing— 

(a) to be served on any person to whom, in the opinion of the Coart^ 

special notice of the application should be given, and 
(i) to be posted on some conspicuous part of the court-house and pub- 
lished in sncb other manner, if any, as the Courts subject to any 
rules made by the High Court| in this behalf, thinks fit, 
and upon the day fixed, or as soon thereafter as may be practicable, shall 
proceed to decide in a summary manner the ri^ht to the certificate. 

(2) When the Court decides the right thereto to belong to the applicant 
it shall make an order for the grant of the certificate to him. 

(3) If the Court cannot decide the right to the certificate without deter* 
mining questions of law or fact which seem to it to be too intricate and 
difficult for determination in a summary proceeding, it may nevertheless grant 
a certificate to the applicant if he appears to be the person having primd facig 
the best title thereto. 

{4j When there are more applicants than one for a certificate and it 
appears to the Court than more than one of such applicants are interested in the 
estate of the deceased, the Court may, in deciding to whom tlie certificate is to 
be granted, have regard to the extent of interest, and the fitness in other 
respects, of the applicants. 

8. When the District Court grants a certificate, it shall therein specify 
the debts and securities set forth in the application for the certificate and may 
thereby empower the person to whom the certificate is granted^- 

(a) to receive interest qt dividends on, or 
(i) to negotiate or transfer, or 

{e) both to receive interest or dividends onj and to negotiate or transfer, 
the securities or any of them. 



1889 : Act VII.] Succession Certificate. 286 

(Sees. 9-12.) 

g, (i) The Didtriot Court shall in any case in which it proposes to proceed Baqnliltloa 
under section 7^ sub-seotion (5) or sub-section (^, and may ^ in any other case, fpo^mnttt 
require, as a condition precedent to the granting of a certificate, that the ®*o«rttflcate. 
person to whom it proposes to make the grant shall give to the Judge of the 
Court, to ensure for the benefit of the Judge for the time being, a bond with 
one or more surety or sureties, or other sufficient security, for rendering an 
account of debts and securities received by him and for indemnity of persons 
who may be entitled to the whole or any part of those debts and securi- 
ties. 

{S) The Court may, on application made by petition and on cause shown 
to its satisfaction, and upon such terms as to security, or providing that the 
money received be paid into Court, or otherwise as the Court thinks fit, assign 
the bond or other security to some proper person, and that person sliall 
thereupon be entitled to sue thereon in his own name as if it had been origi- 
nally given to him instead of to the Judge of the Court, and to recover, as 
trustee for all persons interested, such amount as may be recoverable 
thereunder. 

10. (i) A District Court may from time to time, on the application of the Biiendoii of 
holder of a oertificate under this Act, extend the certificate to any debt or «fti^J««**» 
security not originally specified therein, and every suoh extension shall have 

the same effect as if the debt or security to which the certificate is extended 
had been originally specified therein. 

(S) Upon the extension of a certificate, powers with respect to the receiv- 
ing of interest or dividends on, or the negotiation or transfer of, any security 
to which the certificate has been' extended may be conferred, and a bond or 
further bond or other security for the purposes mentioned in the last foregoing 

section may be required, in the same manner as upon the original grant of a 
certificate. • 

11. Certificates shall be granted and extensions of certificates shall be Forms of 
made, as nearly as circumstances admit, in the forms set forth in the second ^^^^ama 
schedule. oertifloato. 

12. Where a District Court has not conferred on the holder of a certificate Amendmeni 
any power with respect to a security specified in the certificate, or has only o*<»J^^*« 
empowered him to receive interest or dividends on, or to negotiate or transfer^ powenasto 
the security, the Court may, on application made by petition and on cause shown 

to its satisfaction, amend the certificate by conferring any of the powers 
mentioned in section 8, or by substituting any one for any other of those 
powers. 



S86 



8ucee«»ion Oertifieate, 
(See. IS.) 



[1889: Act VII. 



Amiiidiiiciil 
iS70. 



13. (1) For articles 11 and 12 of the first schedule to the Coart-fees Aot, VHof isra 
1870/ the following shall be substituted^ namely : — 



Hvmbtr. 



""ll. Probate of a will 
or letter! of ad- 
minittnition with 
or without will an- 
nexed. 



''IS. Oertifieate under 
the SueoeMion Cer- 
tificate Act, 1889. 



If the amount or ralue of 
the property in respeet 
of which the grant of 
probate or letters it 
made exceeds one 
thousand rupees. 



In any case 



<'12A. Oertifieate un- 
der the Begulation 
of the A>mbay 
Oode No. Ym of 

i«Mr.« 



Proper fee. 



Two per centum on bqcIi amoant <nr 

▼alne : provided that when after tRe 

grant of a oertifieate under the Sue- 

ceaeion Certificate Act, 1889» or any Yllof 180QL 

enactment repealed bj that Act^ or 

under the Begulation of the Bombay 

Oode No. YIII of 1827,Mn respect of 

any property included in an estate, a 

grant of probate or letters of ad- 
ministration is made in respect of 

the same estate, the fee payable in 

respect of the latter fnrant shall be 

reduoed by the amount of the feo 

paid in respect of the former grant 
Two per centum on the amount or value 

of any debt or security specified in 

the certificate under section 8 of the 

Act, and three per centum on the 

amount or value of any debt or se- 
curity to which the certificate is 

extended under section 10 of the Act 
NoTS.— (i) The amount of a debt is its 

amount, including interent, on the 

day on whioh the inclusion of the 

debt in the certificate is applied for, 

BO far as such amount can be ascer- 
tained. 
(9) Whether or not any power with 

respect to a security specified in a 

certificate has been conferred under 

the Act, and where such a power has 

been so conferred, whether the power 

is for the receiving of interest or 

dividends on, or for the negotiation 

or transfer of» the security, or for 

both purposes, the value of the 

security is its market- value on the 

day on whioh the inclusion of the 

security in the certificate is applied 

for, so far as such value can be ascer- 
tained, 
(i) As rei^ards debts and securities* the 

same fee as would be payable in re- 
spect of a certificate under the Suc- 
cession Oertifieate Act, 1889, or in 

respect of an extenMion of such a 

certilicate, as the case may be, and 
{S) as regards other property in respect 

of whioh the certificate is granted, two 

per centum on so much of the 

amount or value of such property as 

exceeds one thousand rupees/' 



• PiiDlSr, Bomliey Cod?, Tol. l/ Bd. iSJ' f .* oT 



I 



1889 : Act VIL] Suecemon CerHficate. 287 

fSea. 14^18.) 

?IIofia70. (2) Iq the Court-fees Act, 1870,^ section 19, clause viii, for the words 

and figures ^'and certificate mentioned in the First Schedule to this Act 
annexed, No. 12/' the words and figures ''and, save as regards debts and 
securities, a certificate under ' Bombay Regulation YIII of 1827 '' shall be 
substituted. 

14. (i) Every application for a certificate or for the extension of a cer* Mode of 
tificate must be accompanied by a deposit of a sum equal to the fee payable Si5wei5 on 

TD of 1870. under the first schedule to the Court-fees Act, 1870,^ in respect of the oer« oertifiosiM. 

tificate or extension applied for. 

(2) If the application is allowed, the sum deposited by the applicant shall 
be expended, under the direction of the Court, in the purchase of the stamp 
to be used for denoting the fee payable as aforesaid. 

{3) Kxkj sum received under sub-section {1) and not expended under sub- 
section (3) shall be refunded to the person who deposited it. 

15. A certificate under this Act. shall have effect throughout the whole of Local •itoni 
British India. 

16. Subject to the provisions of this Act, the certificate of the District Eiftet of 
Court shall, with respect to the debts and securities specified therein, be *" ' 
conclusive as against the persons owing such debts or liable on such secu- 
rities, and shall, notwithstanding any contravention of section 1, sub-section 

{4), or other defect, afford full indemnity to all such persons as regards all 
payments made, or dealings had, in good faith in respect of such debts or 
securities to or with the person to whom the certificate was grants. 

17. Where a certificate in the form, as nearly as circumstances admit, of the Effeofc of 
second schedule has been granted to a resident within a Foreign State by the ^JjJ^ffJ** 
British representative accredited to the State, or where a certificate so granted extended by 
has been extended in such form by such representative, the certificate shall, "^ 



▼II of 1870. when stamped in accordance with the provisions of the Court-fees Act, 1870,* S/jJ"*^ 
with respect to certificates under this Act, have the same effect in British 
India as a certificate granted or extended under this Act. 

18. A certificate granted under this Act may be revoked for any of the BefocatUm 

«... 1 of certillaate. 

following causes, namely :— 

(a) that the proceedings to obtain the certificate were defective in 

substance : 
(i) that the certificate was obtained fraudulently by the making of a 



^ Printed, General Acti, Vol. II, Ed. 1898^ p. 1S4. 
s Printed, Boinbfty Code, Vol. I, Ed. 1894, p. II. 



f8S 



Sueeemon Certificate. 
(8ec$. 19^21.) 



[1889 : Act VH. 



AppMl. 



BfleckoQ 
eeriiflotte of 

moUloor 
mtniilrattoD* 

KflholoQ 
tmAtfOkUfA 

prohftloor 

btt6nof»d- 

miiditfattoA. 



false fttg^eBtion, or by the concealment from the Court of some 
thing material to the case ; 
(e) that the certificate w2A obtained by means of an untrue allegation 
of a fact essential in point of law to justify the grant thereof, 
though such allegation was made in ignorance or inadvertently ; 
{i) that the certificate has become useless and inoperative through cir- 
cumstances ; 
{e) that a decree or order made by a competent Court in a sait or other 
proceeding with respect to effects comprising debts or securities 
specified in the certificate renders it proper that the certificate 
should be revoked. 
10. (i) Subject to the other provisions of this Act^ an appeal shall lie to 
the High Court from an order of a District Court granting, refusing or 
revoking a certificate nnder this Act, and the High Court may, if it thinks 
fit, by its order on the appeal, declare the person to whom the certificate 
should be granted and direct the District Court, on application being made 
therefor, to grant it accordingly, in supersession of the oertidcate, if any, 
already granted. 

(9) An appeal under sub*<ection (i) must be preferred within the time 
allowed for an appeal under the Code of Civil Procedure.^ 

{S) Subject to the provisions of sub-section (i) and of Chapters 
XLYI and XLYII of the Code of Civil Procedure as applied by section 
847 of that Code, an order of a District Court under this Act shall be 
final. 

20. Save as provided by this Act, a certificate granted therennder in 
respect of any of the effects of a deceased person shall be invalid if there has 
been a previous grant of such a certificate or of probate or letters of admir 
nistration in respect of the estate of the deceased person and if such previous 
grant is in force. 

21. (i) A grant of probate or letters of administration under the 
Probate and Administration Act, 1881/ in respect of an estate shall be deemed ^^ Uax. 
to supersede any certificate previously granted under this Act in respect of 

any debts or securities included in the estate* 

(j8) When at the time of the grant of the probate or letters any 
suit or other proceeding instituted by the holder of the certificate 
regarding any snoh debt or security is pending, the person to whom 
the grant is made shall, on applying to the Court in whieh the 

1 Piinied, Qen^nl Acta, Vol. IV. Ed. 1898^ p. SeS. 
* Printtd. Q«Mnl Ael^ VoL III» Sd. ISdOi r. 839. 



HY of 1889. 



1880 ; Act VII.] SueeeiHon Certificate. 289 

fSees. 22-24.) 

suit or proceeding is pending^ be entitled to take the place of the holder 
of the certificate in the suit or proceeding. 

22. Where a certificate under this Act has been superseded or is invalid by Validation of 
reason of the certificate having been revoked under section 18, or by reason SaenUMde 
of the grant of a certificate to a peraon named in an appellate order under '^ V^ ^th 

, to holder of 

section 19| or by reason of a certificate having been previously granted, or by invalid certi- 
reason of a grant of probate or letters of administration, or for any other ^ ' 
cause, all payments made or dealings had, as regards debts and securities 
specified in the superseded or invalid certificate, to or with the holder of that 
certificate in ignorance of its supersession or invalidity, shall be held good 
against claims under any other certificate or under the probate or letters of 
administration. 

28* (I) Where a certificate has been granted under this Act or Act ProMbition 
XXVII of 1860,1 or a grant of probate or letters of administration has been ^4"^®' 
made, a curator appointed under Act XIX of 1841 ' shall not exercise any powers by 
authority lawfully belonging to the holder of the certificate or to the executor 
or administrator* 

(9) But persons who have paid debts or rents to a curator authorised by 
a Court to receive them shall be indemnified, and the curator shall be respon- 
sible for the payment thereof to the person who has obtained the certificate, 
probate or letters of administration, as the case may be. 

24* Any probate or letters of administration granted before the first day Effect of oer- 
of April, 1881, by any Supreme or High Court of Judicature, or by the ^ fettOT?* 
Court of a Recorder in Burma, in any casein which the deceased person was 
not a British subject within the meaning of that expression as used in the 
charters of the Supreme Courts of Judicature, and in which any assets 
belonging to him were at the time of his death within the local limits of the 
jurisdiction of the Court shall, for the purpose of the recovery of debts, the 
protection of persons paying debts, and the negotiation or transfer of secu- 
rities included in the estate of the deceased, be deemed to have and to have 
|}ad the effect which a grant of probate or letters of administration has under 
X of 1806. the Indian Succession Act, 1866 :' 

Provided that nothing in this section shall be construed to validate any 
disposal of property by an executor or administrator which has before the 
commencement of this Act been declared by any competent Court to be 
invalid. 



^ Bepealed by tbia Act. 

a Tbe Snccewion (Property Protection) Act, 1841, printed. General Acts, Vol- 1, Ed. 18»8, 



84. 



^ « Printed, General Acts, VoL I, BcU 1598, p. 468, 

VOL. V. V 



190 



8ucee$*Um CerHficatt. 
CSect. 35-96.) 



[1889 : Act VII. 



lifeot of 
deeislonB 
under this 
Aot« and lia- 
Ulity of 
holder of 
oeriifiotte 
ther8iiiid6V« 



In?estitim 
of inferior 
Conrtewitii 
jnris^etion 
of District 
Court for 
purposes of 
ehisAct. 



25. No decision under this Aot upon any question of right between any 
parties shall be held to bar the trial of the same question in any suit or in any 
other prooeeding between the same parties, and nothing in this Act shall be 
construed to affect the liability of any person who may receive the whole or 
any part of any debt or security, or any interest or dividend on any seourityi 
to account therefor to the person lawfully entitled thereto. 

26. it) The Local Gbvernment may, by notification in the official 
GazettCj invest any Court inferior in grade to a District Court with the 
functions of a District Court under this Act, and may cancel or vary any 
such notification.^ 

iji) Any inferior Court so invested shall, within the local limits of its 
jurisdiction, have concurrent jurisdiction with the District Court in the 
exercise of all the powers conferred by this Act upon the District Court, and 
the provisions of this Aot relating to the District Court shall apply to such an 
inferior Court as if it were a District Court : 

Provided that an appeal from any such order of an inferior Court as is 
mentioned in sub-section {1) of section 19 shall lie to the District Court, 
and not to the High Court, and that the District Court may, if it 
thinks fit, by its order on the appeal, make any such declaration and direc* 
tion as that sub-section authorises the High Court to make by its order on an 
appeal from an order of a District Court. 

(9) An order of a District Court on an appeal from an order of an inferior 
Conrt under the last foregoing sub-section shall, subject to the provisions of 
Chapters XLVI and XLYII of the Code of Civil Procedure' as applied by xiv of 188a. 
section 647 of that Code, be final. 

(^ The District Court may withdraw any proceedings under this Act 
from an inferior Court and may either itself dispose of them or transfer them 
to another such Court established within the local limits of the jurisdiction 
oi the District Court and having authority to dispose of the proceedings, 

(5) A notification under sub-section (I) may specify any inferior Court 
specially or any class of such Courts in any local area. 

(5) Any Civil Court which for any of the purposes of any enactment is 
subordinate to, or subject to the control of, a District Court shall for the pur- 

^ For notiiicattong issaed Tmder this sub-section for — 

(i) AsBun, «M AsMm Msnual of Local Bnles and Orders^ Ed. 1898, p. 868 % 

{2) Bombay, «m Bombay List of Local Bnles and Orders, Vol. I, Ed. 1886, pp. 496-487 | 

(8) Madras,MsMadrasLi8t of Local Rules and Orders, Vol. I, Ed. 189^ pp. 887 

and 228 j 
{€) Korth-Westem Proyinoes and Gudh, m# North-Western Fkoyinoes and Ondh List of 
Local Rules and Orders, Ed. 1894, p. 126. 
* Printed, General Acts, Vol. lY^Ed. 1898, p. 262. 



YoClSSL 



1880 { Act Vn.] SueeesHon Certificate. 

(8ee$. 87-28. Tie First SeAedule.—SnaetmetiU Repealed.) 



291 



poses of this section be deemed to be a Court inferior in grade to a District 
Court. 

27. (J) When a certificate under this Act has been superseded or is 
iuvalid from any of the causes mentioned in section 22^ the holder thereof 
shall^ on the requisition of the Court which granted it^ deliver it up to that 
Court. 

(i9) If he wilfully and without reasonable cause omits so to deliver it up^ 
he shall be punished with fine which may extend to one thousand rupees, or 
with imprisonment for a term which may extend to three months^ or with 
both. 

28. Notwithstanding anything in the Regulation of the Bombay Code 
No. VIII of 1827,* the provisions of section 3, section 6, sub-section (i), 
clause (/), and sections 8, 9, 10,11, 12, U, 16, 18, 19, 25, 26 and 27 of this 
Aet with respect to certificates under this Act and applications therefor, and 
of section 98 of the Probate and Administration Act, 18H1,* with respect 
to the exhibition < f inventori* s and accounts by executors ami administrators, 
shall, so far as they can be made applicable, Hpply, respectively, to oertificates 
granted under tliat Regulation, and a!>T>iicationt* made for cerMficates there- 
under, after the commencement of this Act, and to the exhibition of inven- 
tories and accounts by the holders of such certificates so granted. 



Surrender of 
•aperMded 
and invalid 
certifioateB. 



Proyisions 
with respect 
to oertiflcatei 
under Bom- 
bay Beicula- 
tion 'Illof 
1827. 



THE FIRST SCHEDULE. 

Enaotmrnts srpbalbd. 

[See seeUan 2.) 



Number and year. 



Subject or title. 



Ettent of repeal. 



Aete of the Oovernor General in Couneil. 



XXVn of 18(50 



» XIY of 1869 • 



Colleotion of debts on snoeef- 
sions. 

Bombay Cml Courts Aot, 
1869. 



So mncb as has not been re* 
pealed. 

In seotion 16, from and inelu- 
sive of the words and figures 
''Bombay Regulation VIII 
of 1827 down to and ineln- 
siye of tbe words ''represent- 
atiTee of deceased per ens 
and ". 



> Printed, Bombay Code, Vol. I, Bd. 1894, p. 11. 

* Printed, General Acta, Vol. Ill, p. 389. 

* Printed, Bombay Codc^ YoL I, Ed. 1894, p. 127. 



V 2 



SOS Succession Certificate. [1880 : Aot VIL 

(The First Schedule. -^Enactments Repealed. The Second Schedule. -^Forms 

of Certificate and Extended Certificate.) 

THE FIRST SCHEDULE— tfo/ttf;«i<?i. 



Knmber and yeftr. 



Bnl^ect or titie. 



Bxtont of repMl. 



Acts of the Governor General in Council — concluded. 



* XV of 1874 . 



XIII of 1879 



« V of 1881 



* XVIII of 1884 



•XII of 1887 • 



LawB Looftl Extent Aot, 

1874. 

OadhCivU Courts Aot, 1879. 



Probftte and Ad minint ration 
Aot, 1881. 

Panjab Courts Aot, 1884. 



Bengal, North- Western Pro- 
vinoes and Assam Oi?il 
Courts Aot, 1887. 



So much as relates to Aot 
XXVII o! 1860. 

Section 25, clause (3), relating 
to applications for oertifioates 
under Act XXVII of 1860. 

Sections 151 and 158. 



Section 29, sub-section (i), 
clause (a). 

Section 23, sub-seotion (;9), 
clause (c). 



•VII of 1880 



Act of the Lieutenant-Governor of Bengal in Council. 



Public Demands Becoyery 
Aot, 1880. 



In section 7, clause (8)» the 
wores *' and the note to para- 
graph 12 of Schedule I "• 



THE SECOND SCHEDULE. 

FOBMS OF CsaTIFIOATS AND EXTBNDKD CbBTIFIOATB. 

{See section 11.) 

In the Court of 
To A. B. 

Whereas you applied on the day of 

for a certificate under the Succession Certificate Act, 1889, in respect of the 

following debts and securities^ namely :*— 

Debts. 



Serial Dumber. 



Kftme of debtor. 



▲monnt of debt, Inolndiog 

intereet, on date of ftppll- 

catloQ for oertifioftte. 



Deeorlptlon end d«U of 

Inetrament, if eny, by which 

the debt ii seeored. 



1 Prioted, Qeneral Acts, Vol. II, Ed> 1898, p. 483. 

• Printed. Korth-Weekem ProTinoei and Oudh Code, Bd, 1881, p. 856. 

• Printed. Qeneral Aote, Vol. Ill, Ed. 1888. p. 888. 

« a§t the reriaed edition aa modified np to the let April, 1881, pnbUahed by the LeglalatlTe Department. 

• Printed, Aaaam Code, Bd. 1887, p. 191. 

• Since entirely repealed by the Pnbllo Demanda BeooTerr Aot 1896 (Bengal Aot. I of 1885), tt the reriaed 
edition M modified np to lat April, 1887, pnbliahed by the IiegUUtiTO Daptrtment of th» GoTcmment of Bengal. 



1889 ! Act VIL] Sudce8mn Certificate. iii 

(The Second Schedule.'^ Formn of Certificate and Extended Certificate) 

Securities. 





DseomxPTiov. 




Serial number. 


DistlngoithiDg 
Bomber or letter 
of leoarlty. 


Kame, title or 

elaeeofseea- 

rlty. 


Amoant or 

par Talae of 

security. 


Market-ralae of eeenrity 
on date of application 
for certlfleate. 


• 











This certificate is accordingly granted to you and empowers yon to collect 
those debts [and] [to receive'] [interest] [dividends] [on] [to negotiate] [to 
transfer] [those securities]. 

Dated this day of • 

JHstriet Judge. 



In the Court of 
On the application of A* B. made to me on |the day of 

9 1 hereby extend this certificate to the following debts 
and seearities^ namely : — 

Dehts. 



Sorial nnmber. 



Name of debtor. 



Amonnt of debt. Ineladlnf 
Interest, on date of apj^i- 
cation for extension. 



Description and date of 
instrament. If any, by which 
the debt is seeored. 



Securities. 



Serial nnmber. 



Disciimoir. 



Distinfuishing 

number or letter 

of secority. 



Kame, title or 
elass of seen* 
rity. 



Amount of 

par Taloe of 

security. 



Market*Talue of security 

on date of appUoatlon 

for ezten^n. 



This extension empowers A, B, to collect those debts [and] [to receive] 

[interest] [dividends] [on] [to negotiate] [to transfer] [those securities]. 

Dated this day of 

District Judge. 



in 



(8e«k Cmtom, Bm. hS.) 
Port*. 



[1819 : Aet VXIt. 
[1889 : Act X. 



AmcoBidnittii 
of seotion 87, 
Afli VIII, 

1878. 



Amendment 
of lection 
116, Act 
VIII, 1878. 



ACT No. VIII o» 1889.* 

\S9ni March, 188».'\ 

An Act to amend the Sea Gustoms Act,* 1878 • ♦ *.' 

Whbbbas it IB expedient to [amend the Sea Castoms Act,* 1878| villoClSTS. 
« * * * 9 ; It is hereby enacted as follows j-^ 

Sea Customs Aet, 1878? 

1« For the provisdB f section 37 of the Sea Castoms Act,* 1878, the vilIofl878. 
following proviso shall be sabstituted, namely :— * 

'^ Proyided that, if snch goods are warehoused ander this Act, the rate 
and vahiation (if any) applicable thereto shall be the rate and valaation in 
force on the date on which application is made to clear such goods from the 
warehouse for home-consumption/' 

2. In section 115 of the same Act, for the words and figures ** the second 
proviso to section 87 '' the words ^* such alteration '' shall be substituted. 

8—5. [Ame»dmewt of Aet XI, 188fi.'\ Rep. by the Indian Tariff Aet, 
J894{riIIofl894). 



INDIAN PORTS AOT, 1889. 



CONTENTS* 



CHAPTER I. 
Pbbliminabt. 



Sbotionb. 

1. Title, commencement and extent. 

2. Repeal. 

S. Definitions. 



^ Short tiUe, " The Sea Ciutoms Act (1878) Amendment Act, 1889 ", m* the Indkn Short 

TltleB Act, 1897 (XIV of 1897). « „ « ^ « _x 

For Statement of Objects and Reasons, m$ Gazette of India, 1889, Ft. V, p. 2 i for Report 

of the Select Committee, ms ibid, p. 87 ; and for Proceedings in Conncil, m« ibid, Ft. VI ; 

pp. 6, 14 and 60. v • . ^. * xi. 

The Act is in force In TTpper Burma (except the Shan States) as being a portion of the 
original Act VIII of 1878, declared in force there bv the Burma Laws Act, 1898 (XIII of 1898). 

s Printed, Qeneral Acts, Vol. Ill, E 1. 1898, p. 168. 

* The words " and the Indian Tariff Act, 1882," in the IHtle and Preamble and the heamng 
«* Indian Tteifl Act, 1882," to section 8, have been omitted as the Indian Tariff Act, 1882 
(XI of 1882) And ss. 8 to 6 of this Act have been repealed by the Indian Tariil Ao^ 1894 (VIII 
of 1894), printed, General Acts, Vol. VI. 



leB9 : Act X.] VofU. 296 

CHAPTER n, 

Powns Of THB Local OoviBNMBirT. 
Sbotions, 

4. Power to extend or withdraw the Act or oertam pinrtiona tbereoL 
6. Alteration of limits of porta, 
6. Power to make port«rale6. 



CHAPTER III. 

POBT-OFFICIALB AND THBXB POWBBB AND DUTIBS. 

7* Appointment of conseryator, 

8. Power of conservator to give and enferoe directions for certain specified 

purposes* 

9. Power to cut warps and ropes. 

10. Removal of obstructions within limits of port^ 

11. Recovery of expenses of removal. 

12. Removal of lawful obstructions. 

13. Fouling of Gbvemment moorings. 

14. Raising or removal of wreck impeding navigation witiiin limits of 

port. 
16. Power to board vessels and enter buildings. 

16. Power to require crews to prevent or extinguish fire. 

17. Appointment and powers of health-officer. 

18. Indemnity to Gh)vernment against act or default of port-offidal or 

pilot. 

CHAPTER IV. 

RULBS FOB THB SaFBTY OF SHIPPINe AlTD THB CoHBBBVAnOV OF PoatS. 

Oenerml Bnlet* 

19. Injuring buoys^ beacons and moorings* 
20« Wilfully loosening vessel from moorings. 

21. Improperly discharging balkst. 

22. Oiraving vessel witban prohibited limits. 

23. Boiling pitch on board vessel within prohibited limits, 

24. Drawing spirits by unprotected artificial light. 
26. Warping. 

26. Leaving. out warp or hawser after sunset. 

27. Discharge of fire-arms in port. 

28. Penalty on master omitting to take order to extinguish fire. 

29. Unauthori2sed person not to search for lost stores. 

80. Removing stones or injuring shores of port prohibited. 

Special Bulei. 

Si. Moving of vessels without pilot or permission of batbonr-maeten 
82. Provision of certain vessels with fire-extinguishing apparatoa. 



200 Portt. [1889 : Aot t. 

CHAPTER V. 

POBT-DUIS, FCIS AND OTHHt ChABOU. 

SionoNs. 

88. Levy of port-dues. 

M. Variation of port-daes by Local Oovernment. 

85. Fees for pilotage and certain other services. 

86. Beceipt, expenditure and account of port-charges. 
87* Grouping of ports, 

88. Receipts for port«charges. 

89. Master to report axrival. 

40. Conservator may in certain cases ascertain draught and charge expense 

to master. 

41. Ascertainmeot of tonnage of vessel liable to port-dues, 

42. Distraint and sale on refusal to pay port-charges. 

48* No pprt-clearance to be granted until port*charges are paid* 

44. Port'charges payable in one port recoverable at any other port. 

45. Penalty for evading payment of port-charges. 
■ 46. Port-due on vessels in ballast. 

47. Port- due on vessels not discharging or taking in cargo. 

48. Port-dues not chargeable on pleasure»yachts or on vessels re-enter- 

ing from stress of weather. 
Power to impose hospital port-dues. 
50* Application and account of hospital port-dues. ' 



CHAPTER VI. 

Hoisting Signals. 

61 • Master to hoist number of vessel. 

62. Pilot to require master to hoist number. 

58. Penalty on pilot disobeying provisions of this Chapter. 



CHAPTER VII. 

PeOVISIGNS with BBBPIBOT TO PbNALTIBS. 

54« Penalty for disobedience to rules and orders of the Local Oovern- 
ment. 
56. Offences how triable, and penalties how recovered. 

66. Costs of conviction. 

67. Ascertainment and recovery of expenses and damages payable under 

this Act. 

58. Costs of distress. 

59. Magistrate to determine the amount to be levied in case of dispute. 

60. Jurisdiction over offences beyond local limits of jurisdiction. 
6lf Conviction to be quashed on merits ooly. 



1880 : Act Z.] PorH. 297 

(Ckap, L'^Preliminary. See* L) 

CHAPTER VIII. 

SUPPLBMBMTAL PROVISIONS. 

SicnoNS. 

62. Hoisting anlawful ooloars in port. 

63. Foreign deserters. 

64. Application of sections 10 and 81. 

65. Application of Maulniain and Bassein port-dues. 

66. Validation of irregular contributions. 

67. Grant of sites for sailors' institutes. 

68. Exercise of powers of conservator by his assistants. 

69. Service of written notices of directions. 

70. Publication of orders of Local Oovemment. 



THE PIRST SCHEDULE.— PoBTs, Vessbls CHABQBABLa, Batb of 

POBT-DUBS AND FsBqUBKOT OT PaTMBNT. 

THE SECOND SCHEDULE. — Enactmbnts bbpbalbd. 



ACT No. X OF 1889.1 

[39th March, 1889.] 

An Act to oonsolidate and amend the law relating to Forts and 

Port-charges. 

Whbbbas it is expedient to consolidate and amend the law relating to 
ports and port-oharges ; It is hereby enacted as follows : — 

CHAPTER I. 

Pbblimikabt. i 

!• (1) This Act may be called the Indian Ports Act, 1889 ; and Tiil6,oom* 

(S) It shall come into force on the first day of April^ 1889. uiTex^. 

{3) It shall extend, save as otherwise appears from its subject or con- 
text,— 

(a) to the ports mentioned in the first schedule, and to such parts of 

the navigable rivers and channels leading to such ports respeot>* 

ively as have been declared to be subject to Act XXII of 1855 ' 

{for the Regulation of Porte and Port-duee) or to the Indian 

XII of 1875. Ports Act, 1876 ; • 

^ For the Statement of Objecte and Reasons, tee Qaiette of Iiidia» 1889, Pt. V, p. 25; for the 
Report of the Select Committee, tee ihid, p. 87; and for Prooeedings in Coancil, e^e ibid, Pt. VI, 
pp. 14^ 18 and 111. 

* Aet XXII of 1865 nas repealed bj Act XII of 1876. 

^ Aet XII of 1876 was repealed by s. 2 of this Act. 



2»8 fofh. [1889: Act X. 

(Chap. L—Pfdiminatf. Sen. 2-3.) 



(i) to the other ports or parts of navigable riven or channels to which 
the Local Oovernmenti in exercise of the power hereinafter con- 
ferred^ extonds this Act : 
(^ But nothing in this Act shall"— 

{%) apply to any vessel belonging to^ or in the service of ^ Her Majesty 
or the Government of India, or to any vessel of war belonging 
to auy Foreign Prince or State, or 
(fO deprive any person of any right of property or other private rights 

except as hereinafter expressly provided, or 
(iff) affect any law ^ or rule relating to the customs or any order or 
direction lawfully made or given pursuant thereto : 
(6) And nothing in section 31 or section 32 shall apply to any port, river 
or channel to which the section has not been specially extended by ^ the Local 
Oovernment* 
BepetL 2, (i) The enactments mentioned in the second schedule are hereby 

repealed to the extent specified in the third column of that schedule. 

{S) All declarations, appointments, requisitions, orders and rules made, 
authorizations, directions and permissions given, prohibitions issued and 
notifications published under any of those enactmente or under any enactment 
repealed by any of them, shall, if in force at the commenoemmt of this Act, be 
deemed, so &r as may be, to have been made, g^ven, issued and published 
under this Act : and 

(d) Any enactment or document referring to any such repealed enactment 
shall, so far as may be, be construed to refer to this Act or to the correspond- 
ing portion thereof. 
D«fliiStloiiiib 8. In this Act, unless there is something repugnant in the subject or con- 

text,— 

(i) ''port'' includes also any part of a river or channel in which this Act 
is for the time being in force : 

(8) *' port-oflBlcer '' is synonymous with master-attendant : 
(S) '^ vessel '' includes anything made for the conveyance by water of 
human beings or of property : 

{4) " master " when used in relation to any vessel, means, subject to the 
provisions of any other enactment for the time being in force, any person 
(except a pilot or harbour«master) having for the time being the charge or 

control of the vessel : 

(5) '* pilof means a person for the time being authorized by the Local 
Government to pilot vessels : 

^8$€ the Sea Coitomg Act, 1878 (VIII of 1878)> printed, Qeaeial Aotf, Y6L III, p. 168. 



IMft^AetZ.] Parti. t09 

fCiap. IL-^Pemen of tie Local Oovernment* See. 4.) 

(6) '/ ton *' means a ton as determined ear determinable by tbe mle^ {or 
the time being in f oree for regulating the measurement of the net tonnage of 
British ships : and 

(7) '' Magistrate '' means a person exercising powers under the Code of 
X of 1888. Criminal Prooedure, 188S,^ not less than those of a Magistrate of the second 

elaes^ and includes^ in the towns of Calcutta^ Madras and Bombay^ a I^i- 
denoy Magistmte. 

CHAPTER II. 
Powers of the Local Govbbnmbnt. 
4* (i) With the previous sanction of the Governor General in Council^ the Power to ez- 
Looal Government may, by notification in the oflScial Gazette, — d»w ttelot" 

(a) extend this Act to any port in which this Act is not in force or to any or oaMa 

part of any navigable river or channel which leads to a port and thereofL 
in which this Act is not in force ;' 

(b) specially extend the provisions of section SI or section 82 to any port ta 

which they have not been so extended ;> 
{e) withdraw this Act, or section 81 or section 82, from any port or any 

part thereof in which it is for the time being in foree.^ 
{3) A notification under clause (a) or clause {b) of sub-section (i) shall 
define the limits of the area to which it refers.^ 

(3) Limits defined under sub-section (d) may include any piers, jetties, 
landing-places, wharves^ quays, docks and other works made on behalf of the 
public for convenience of traffic, for safety of vessels, or for the improvement, 
maintenanoe or good government of the port and its approaehes, whether 

^ 8$$ now the Code of Criminal Prooednie, 1898 (Aot V of 1898). 

* For notiiloBtions under Bab-seotion (i) {a) issued by the — 

I (i) Qoremment of Bengalj Jiee Calcutta Gazette 1866, pp. 1187 and 1476 } ihid, 1875, Pt h 
pp. 1149 and 1606 ; ibid, 1858, pp. 575 and 1067. These nofcifieat&ons were Usned 
under oorresponding provuions of preyious Aoti^ and are kept in foroe by s. 8 {2} of 

this Act; 
' (D QoFenunent|of BiNnbay» m« Bombay List of Local Boles and Orders* YeL I, Ed. 1896, 

p. ezzzf 
<B) Govemment of ICadiai, tee Madras List of Local Bales and Orders^ Y oL I« Xd. 1888^ 
p.SS& 

* For notifications under sub-section (Jt) {h) issued by the '^ 

(1) GoTernment of Bombay, <s0 Bombay List of Local Bnlea and Oiders» YoL I, Sd. 1896, 

p.ezzz I 
(IQ Chief Comnussioner of Burma, m« Burma I«ws List» m. 1897„ p. 272. These 
notifications were issued under the oorrespon^ng provisions of the preTious Acts snd 
are kept in force by a. 8 W of this Act. 
(8) Government of Madras, $69 Madras List of Local Rules and Ordflirs, Yol. I, Bd. 1898, 
pp. 228 and 229. 
4 For initance of a notification issued under clause (e) of s. 6 of Act XII of 1875, oorrespond- 
ins to clause (c), s. 4 (1) of tlus Act, «fs Madras List of Local Bnles and OrdeM, YoL I, )Bd. 1898, 
p. 228. The notification is kept in force by s. 2 (;9) of this Act. 

In Bengal^ for notiiksation inthdrawing a port from the opention of s« 81> «0# Calontta 
Qniett^ 1891, Ft. I, R- 425. 

* For liste of notifications defining the limits of ports in^ 

U) BenmL «ef Calcutta Gaaette, 1881» Pt I, p. 876 ; ibid, 1858, pp. 675 to 676 1 ibid^ 

l3S,P**I>PP- »77 to a79|fM; 1884, Pt I, llOli 
IjBl Bombiiy,MaBoDibay Lilt of Local Bnles and Oiden* V6L I, Bd. 1896, puoixx ; 
(^ Burma, ««f Burma Laws List, Bd. 1897, p. 272. 
\fi MadiBS, iee Madras List of Loeal Boles and Orders, Yd. I,Ed» 1898^ pp. 229 to 281. 



800 



Porti. [1889 : Act 1L 

(Chap. IL — Powtn of the Local Oovernment* Sees. 6-6 J 



Alteration 
of limitaof 
ports. 



Power to 
make port« 
rules. 



within or without high-water-mark, and, subject to any rights of private 
property therein, any portion of the shore or bank within fifty yards of high- 
water-mark, 

(4) In sub-section {3) the expression '^ high-water-mark '' means the 
highest point reached by ordinary spriog tides at any season of the year. 

5. (i) The Local Government may, with the previous sanction of the 
Governor General in Council and subject to any rights of private property, 
alter the limits of any port in which this Act is in force.^ 

{2) When the Local Government alters the limits of a port under sub- 
section {1), it shall declare or describe, by notification in the official Ghizette, 
and by such other means^ if any, as it thinks fit, the precise extent of suoh 

limits. 

6. (1) The Local Government may, in addition to any rules which it may 

make under any other enactment for the time being in force, make suoh rules, 
consistent with this Act, as it thinks necessary for any of the following pur- 
poses, namely:—* 

'(a) for regulating the time and hours at and during which, the speed 

at which, and the manner and conditions in and on which 

vessels generally, or vessels of any class defined in the rules, may 

enter, leave or be moved in any port subject to this Act ; 

{6) for regulating the berths, stations and anchorages to be occupied by 

vessels in any such port ; 
(e) for striking the yards and top-masts, and for rigging-in the booms 
and yards, of vessels in any such port, and for swinging or taking- 
in davits, boats and other things projecting from such vessels; 

(d) for the removal or proper hanging or placing of anchors, spars and 

other things being in or attached to vessels in any such port ; 

(e) for regulating vessels whilst taking-in or discharging passengers, 

^ For lists of notifications defining and altering the limits of ports in — 

(1) Bengal, see Calentta Gazette, 1897, Ft. I, p. 826; ibid, 1897, pp. 82i and 1218 ; 
{2) Bombay, tee Boml)ay List of LochI Bales and Orders, Vol. 1^ Ed. 1896, p. ozxx { 
(8) Burma, see Burma Laws List, Ed. 1897, p. 272 j 

(4) Madras, see Madras List of Xiooal Rules and Orders, Vol. I, Ed. 1888, pp. 229 to 281. 
' For rules issued under s. 6> for — 

(i) Bengal Ports, see Calcutta Gazette, 1891, Ft. I, p. 891 1 ibid, 1894, Ft. I, p. 1058 ; ilid» 
1895, Ft. I, p. 941 s ibid, 1884, Ft. I, p. 1101 ; ihid^ dated 4tli June, 1890, Appendii, 
p. i ; ibid, 1893, Ft. I, pp. 262 and 949 ; ibid, 1897, Ft 1, p. 290 1 iUd, 1879, Pt. I, 
p. ISO. 

{2) Bombay Forts, eee Bombay List of Local Rules and Orders, Vol. I, Ed. 1898^ pp. 
cxixi and cxxxil. 

(5) Madras Forts, see Madras List of Local Rules and Orders, Vol. I, Ed. 189$, pp. 

281 to 234. 
{4) Burma Forts, see Burma Laws List, Ed. 1897, pp. 274 to 276. 
(ff) Special for the port of Tutioorin, see Fort St. George Gazette, 1897, Ft. I, p. 8^. 
^6) Rangoon, as to navigation, see Burma Gazette, 1898, Ft. 1, p, 667. 
if) For rules under this section regulatiog the use of rignals by atetm whistle in the port 
of Calcutta, see Calcutta Gazette, 1898, Ft. I> p. 894. 
* This clause was substituted for the original d. (a) by Aot Y of 1891, 8» 1. For laving of 

gbit rules respecting the moving of vessels in porta, eee ift., s, &• The oxigiBal daose was aa 
llows t-^** (a) for regulating the time at which, and the manntr in which^ venels are to enter ot 
letveany port lubjeet to this Act," 



1889 : Aet X.] PorU. 801 

(Gkap. IL'^Powifs of tie local Oovernment. Sec. 6-) 

ballast or cBigo^ or any particular kind of cargo, in any suoh port^ 

and the stations to be occupied by vessels whilst so engaged ; 
(/) for keeping firee passages of such width as may be deemed necessary 

within any such port, and along or near to the piers, jettiesj 

landing- placeS| wharves^ quays, docks^ moorings and other works 

in or adjoining to the same^ and for marking out the spaces so to 

be kept free ; 
{jp) for regulating the anchoring, fastening, mooring and unmooring of 

vessels in any such port ; 
(/I) for regulating the moving and warping of all vessels within any such 

port and the use of warps therein : 
(i) for regulating the use of the mooring buoys, chains and other 

moorings in any such port ; 
(j) for fixing the rates to be paid for the use of such moorings when 

belonging to the Government, or of any boat^ hawser or other 

thing belonging to the Government ; 
{i) for licensing and regulating catamarans plying for hire, and flats 

and cargo, passenger and other boats plying, whether for hire or 

not and whether regularly or only occasionally, in or partly within 

and partly without, any such port, and for determining the quantity 

of cargo or number of passengers to be carried by any such vessels ; 
{I) for regulating the use of fires and lights within any such port ; 
(m) for enforcing and regulating the use of signals or signal-lights by 

vessels by day or by night in any such port ; 
(») for regulating the number of the crew which must be on board any 

vessel afloat within the limits of any such port ; 
{o) for regulating the employment of persons engaged in cleaning or 

painting vessels, or in working in the bilges, boilers or double 

bottoms of vessels, in any such port ;* ^ 
*{p) for regulating the action to be taken by a master where there is 

disease or sickness, or a dead body, on board his vessel in any such 

port; • [and] 
{q) for securing the protection from heat of the officers and crew of 

vessels in any such port by requiring the owner or master of any 

such vessel-* 

(i) to provide curtains and double awnings for screening from the 

^ The word ^ and " web repealed by the Indian Ports Act (1889) Amendment Act, 1896 
(lY of 1896). printed. General Acts, Vol. VI, Ed. 1898. 

* For rnles nnder this claose for the port of Calcatta. see Calcutta Qazette. 1890, Vt. I, p. 740; 
ibid, 1897, Pt. I» p. 488. 

s The word *' and " and ol. {q) were added hy the Indian Forts Act (1889) Amendment Act, 
1896 (IV of 1896), s. L For rales under'd. (g) for the port of Calcntta, »$$ Calcatta Gazette, 
1898, Pt. h p. 182. 



*«* Port$. [1880 ; Aot I, 

(Chap. IIL—Port'offieiah and their Powert and DuUei. See. 7.) 

eun's isayft snob portions of the deck as are oeonpied by, or 
are situated immediately above, the quarters of the officers 
and orew; 
(ft) to ereot windsails so far as the existing port-holes or apertures 
in the deck admit of their being used for ventilating the 
quarters of the officers and crew ; 
(nt) when the deck is made of iron and not wood-sheathed, to cover 
with wooden planks or other suitable non-conducting mate- 
rial snob portions of the deck as are situated immediately 
above the quarters of the officers and crew; 
{iv) when the quarters used by the crew and the galley are sepa- 
rated by an iron bulkhead only, to furnish a temporary 
screen of some suitable non-conducting material between 
such quarters and the galley. 
(3) The power to make rules under sub-section (I) is subject to the con- 
dition of the rules being made after previous publication : 

Provided that nothing in this sub-section shall be construed to affect the 
validity of any rule in force immediately before the commencement of this 
Aot and continued by section 2, sub-section {S). 



CHAPTER III. 

POBT-OFFIOIALS AND THEIR PoWEBS AND DUTIES, 

rfSn'*^^* 7. (i) The Local Oovemment shall appoint some officer or body of peiv 

▼ator. sons to be conservator of every port subject to this Act, and may suspend or 

remove such officer or body.^ 

(d) Subject to any direction by the Local Government to the contrary,— 
{a) in ports where there is a port-officer, the port-officer shall be the con- 
servator ; 
{b) in ports where there istrno''port-officer, but where there is a harbour- 
master, the harbour-master shall be the conservator. 
(S) Where the harbour-master is^not^conservator, the harbour-master and 
his assistants shall be subordinate to» and subject to the control of; the con- 
servator. 

^ For notifloatloiLB appointing oonaenraton for portt in — 

(i) the Bengal PieBideney, 9ee Oalcntta Gasette, 1876, Pt. I, p. 1281 1 ibid, 1888, Pt. I, 

p. 776 ; ibid, 1889, Pt. I, p. 804 1 
(9) tlie Bombay President^, jm Bombay List of Looal Bolee and Orden, Vol. I, 

Ed. 1896, p. czxxiii; 
(S) fhe Madias Freddenpy, tM Madras List of Loeal Bnles and Ordenf, VoL I» 

Ed. 1898, p. 286$ 
(tf) Bnrma, «m Burma Laws List, £d, 1897, pp. 277 and 278. 



1889 : Act X.] Pcrt$. . S08 

(Chap. Ilh^^Part^cfficiali and their Powers and Duties. Sect. 8*11J 

(^ The oonservator Bball be subjeet to tiie ooDtroI of the Loeal GoTeriH 
meat, or of any intermediate authority which that Oovemment may appoint.^ 

8* (i) The ooDservator of any port eubject to this Act may, with respect Power of 
to any veseel within the port, give directions for carrying into effect any to give and 
rale for the time being in force therein nnder section 6. dSred^ f 

(2) If any person wilfully and without lawful excuse refuses or neglects oertun 
to obey any lawful direction of the conservator, after nctice thereof has been porpoMi. 
given to him, he shall, for every such offence, be punished with fine which 

may extend to one hundred rupees, and with further fine which may extend 
to one hundred rupees for every day on which, after such notice as aforesaid, 
he wilfully and without lawful excuse continues to disobey the direction. 

{3) In case of such refusal or neglect, the conservatiMr may do, or cause to 
be done, all acts necessary for the purpose of carrying the direction into exe- 
cution, and may hire and employ proper persons for that purpose, and all 
reasonable expenses incurred in doing such acts shall be recoverable by him 
from the person so refusing or neglecting to obey the direction. 

9. The conservator of any such port may, in case of urgent necessity, cut Power tojDut 
or cause to be cut, any warp, rope, cable or hawser endangering the safety of ^pm!^ 
any vessel in the port or at or near to the entrance thereof. 

10. (i) The conservator may remove, or cause to be removed, any timber, Bemoval of 
raft or other thing, floating or being in any part of any such port, which in witihin Unto 
his opinion obstructs or impedes the free navigation thereof or the lawful use ^' ^^^ 

of any pier, jetty, landing-place, wharf, quay, dock, mooring or other work 
on any part of the shore or bank which has been declared to be within the 
limits of the port and is not private property. 

(3) The owner of any such timber, raft or other thing shall be liable to 
pay the reasonable expenses of the removal thereof, and if such owner or any 
other person has without lawful excuse caused any such obstruction or im- 
pediment, or causes any public nuisance affecting or likely to affect such free 
navigation or lawful use, . he shall also be punished with fine which may 
extend to one hundred rupees.. 

{3) The conservator or any Magistrate having jurisdiction oTcr the offence 
may cause any such nuisance to be abated. 

11* If the owner of any such timber, raft or other thing, or the person Beoorety of 
who has caused any such obstruction, impediment or public miisance as is ®'P^°^ ^ 

* rsmovil* 



I for notification appointing intermediate anthorities at all porta in — 

(i) the Bombay Preaidenoy, exoept Bombay, Aden and the Porte in Sindh, mo Bombay 

Lift of Local Rnles and Orders, Yol. I, Ed. 1890, p. cxziiii \ 
<J^ Bwma, #•• Bnrma Gaiette^ ISSiy Pt. I» p. 870. 



Bemoval of 
lawful ob- 
strnctions. 



FonUngof 

Goyernuient 

mooTings. 



804 . ParU. [1889 : Act X. 

(Chap. m.-^Pori^ffieials and their Powers and Duiies. Sees. 13-13,) 

mentioned in the last foregoing section, neglects to pay the reasonable ex- 
penses inoarred in the removal thereof, within one week after demand, or 
within fourteen days after snch removal has been notified in the official 
Gazette or in such other manner as the Local Government by general or 
special order direots, the conservator may cause such timber, raft or other 
thing, or the materials ol any public nuisance so removed, or so much thereof 
as may be necessary, to be sold by public auction ; 

. and may retain all the expenses of such removal and sale oat of the 
proceeds of the sale^ and shall pay the surplus of such proceeds, or deliver so 
much of the thiug or materials as may remain unsold, to the person entitled 
to receive the same ; 

and, if no such person appears, shall cause the same to be kept and depos- 
ited in suck manner as the Local Government directs ; 

and may, if necessary^ from time to time, realize the expenses of keeping 
the same, together witk the expenses of sale, by a further sale of so much 
of the thing or materials as may remain unsold. 

12. (1) If any obstruction or impediment to the navigation of any port 
subject to this Act has'been lawfully made, or has become lawful by reason of 
the long continuance of suck obstruction or impediment, or otherwise, the 
conservator shall report the same for the information of the Local Govern- 
ment, and shall, with the sanction of that Government, cause the same to be 
removed or altered, making reasonable compensation to the person suffering 
damage by such removal or alteration. 

(9) Any dispute arising concerning such compensation shall be deter- 
mined accordiug to the law ^ relating to like disputes in the case of land re- 
quired for public purposes. 

13. (i) If any vessel hooks or gets foul of any of the buoys or moorings 
laid down by or by the authority of the Local Government in any such 
port, the master of such vessel shall not, nor shall any other person, except in 
case of emergency^ lift the buoy or mooring for the purpose of unhooking or 
getting clear from the same without the assistance of the conservator; 

and the conservator, immediately on receiving notice of such accident^ 
shall assist and snperintend the clearing of such vessel ; 

and tke master of such vessel shall, upon demand, pay such reasonable 
expenses as may be incurred in clearing the same. 

(9) Any master or other person offending against the provisions of this 
section shall^ for every such offence, be punished with fine which may extend 
to one hundred rupees. 



1898. 



^ /Sra&now the Land Acquisition Act, 1894 (I of 1894), printed, Qeneral Acts VoL VI» Sd« 



1889 : Act X.] ToH$. 805 

(Ckaf. Ill.-^Port'offieials and ikeir Powers and Duties'^ Sees. 14^16.) 

14. {1) If nny vessel is wrecked, stranded or sank in any such port so as Baialxig or 
to impede^ or be likely to impede, the nayigation thereof, the conservator '""^ ^^ 
may cause the vessel to be raised, removed or destroyed. ing xi*vig»- 

(d) If any property recovered by a conservator acting under sub-seotion limiuof 
(J) is unclaimed, or the person claiming it fails to pay the reasonable ezpen« '^'^ 
•see incun*ed by the conservator under that sub-section and a further sum of 
twenty per cent of the amount of such expenses^ the conservator may sell the 
property by public auction, if the property is of a perishable nature, forth- 
with, and, if it is not of a perishable nature, at any time not less than six 
months after the recovery thereof. 

(d) The expenses and further sum aforesaid shall be payable to the con- 
servator out of the sale-proceeds of the property, and the balance shall be paid 
to the person entitled to the property recovered, or, if no such person appears 
-and claims the balance, shall be held in deposit for payment, without inter* 
est, to any person thereafter establishing his right thereto : 

Provided that the person makes his claim within three years from the 
date of the sale, 

15. (i) The conservator or any of his assistants may, whenever he sus- Power to 
pects that any offence afifainst this Act has been, oris about to be, committed, l>o^vc«cl* 

• . , *' . . ' ftnd enter 

t)r whenever it IS necessary for him so to do in the preformance of any duty Imildingi, 
imposed upon him by this Act, 

and the person appointed under this Act to receive any port-dues, fees or 
other charges payable in respect of any vessel, may, whenever it is necessary 
for kim so to do in the performance of any duty imposed upon him by this 
Act, 

either alone or with any other person, board any vessel, or enter any 
4)uilding or place, within the limits of any port subject to this Act. 

{2) If the master of the vessel, or any person in possession or occupation 
t>f the building or place, without lawful excuse, refuses to allow any such 
person as is mentioned in sub -section (J) to board or enter such vessel, build- 
ing or place in the performance of any duty imposed upon him by this Act, 
he shall for every such' offence be punished with fine which may extend to two 
Jiundred rupees. 

16. (J) For the purpose of preventing or extinguishing fire in any port Power to ze- 
subject to this Act, the conservator or port-officer may require the master of J^*® ^^^ 
any vessel within the port to place at his disposal such number as he requires, or exting^flk 
not exceeding three-fourths, of the crew then under the orders of such master. 

(j3) Any master refusing or neglecting to comply with such requisition 
shall be punished with fine which may extend to five hundred rupees, and any 
VOL. V. w 



Appointment 
md powers 
of bMlth« 
o£Bcer. 



Indemniij of 
Goyemmont 
•gainst act 
or default of 
port-oAdal 
or i^ot. 



806 Pores. [1889 : Act X. 

(Chap. IIL'^Port^offidals and their Potoers and Dutiei. See*. 17^18.) 

seaman then under bis orders who, after being directed by the master to obey 
the orders of the conservator or port-officer for the purpose aforesaid^ [refuses 
to obey such orders^ shall be punished with fine which may extend to twenty- 
five rupees. 

17. (i) The Local Government may appoint at any port subject to this 
Act an officer to be called the health-officer^ and may suspend or remove from 
office any officer so appointed. 

(2) A health-officer shall^ subject to the control of the Local Government^ 
have the following powers within the limits of the port for which he is ap« 
pointed, namely : — ^ * 

(a) with respect to any vessel, the powers conferred on a shipping-master 

by Act I of 1859, section 71 ;» 
(5) power to enter on board any vessel and medically ezaa)ine all or any 

of the seamen or apprentices on board the vessel; 
[p) power to require and enforce the production of the log-book and any 

other books, papers or documents which he thinks necessary for the 

purpose of enquiring into the health and medical condition of the 

persons on board the vessel; 
(^Ipower to call before him and question for any such purpose all or any 

of those persons and to require true answers to any questions which 

he thinks fit to ask ; 
{e) power to require any person so questioned to make and subscribe a 

declaration of the truth of the statements made by him« 

18. The Government shall not be responsible for any act or default of any 
conservator, port-officer or harbour-master of any port subject to this Act, or 
of any deputy or assistant of any of the authorities aforesaid, or of any person 
acting under the control or direction of any such authority, deputy or assist- 
ant^ or for any act or default of any pilot, or for any damage sustained by 
any vessel in consequence of any defect in any of the moorings, hawsers or 
other things belonging to the Government which may be used by the vessel : 

Provided that nothing in this section shall protect the Seoretaiy of State 
for India in Council from a suit in respect of any act done by or under the 
express order or sanction of the Government. 



^ For notifications appointing Health-officers for ports in — 

(i) Madras, see Madras List of Local Rnles and Orders, VoL I, Ed« 1898| p. 286 f 
(S) Burma, H$ Burma Gazette, 1894, Ft. I, p. 261. 
The Indian Merchant Ship^g Act, 1859, printed^ Genenl Acts, Vol. I, Ed. 1898^ p. 167* 



1889 : Act X.] Porh. 807 

(Chap. IF.^' Rules for ike Safety of Shipping and tke Conservation of Ports* 

Sees. 19-22 J 

CHAPTER IV. 

RriiBS FOB THB SaFBTT OF SHIPPING AND THB CONSERVATION OF PoBTS. 

General Rules. 

19. (1) No person shall^ withoat lawful exousei lift^ injare, loosen or Injuring 
set adrift any buoy, beacon or mooring fixed or laid down by, or by the author- com^^* 
ity of, the Local Goveroment in any port subject to this Act. moorings. 

(3) If any person offends against the provisions of this section, he shall 
for every such offence he liable, in addition to the payment of the amount of 
damage done, to fine which may extend to two thousand rupees, or to im- 
prisonment for a term which may extend to two years. 

20. If any person wilfully and without lawful excuse loosens or removes WiifoBy 
from her moorings any vessel within any such port without leave or authority ^"^Idfcom 
from the owner or master of the vessel, he shallj for every such offence^ be moorings, 
punished with fine which may extend to two hundred rupeeS| or with im- 
prisonment for a term which may extend to six months. 

21. (i) No ballast or rubbish, and no other thing likely to form a bank Improperly 
or shoal or to be detrimental to navigation, shally without lawful excuse, be blSlI^^^^ 
cast or thrown into any such port or into or upon any place on shore from 

which the same, is liable to be washed into any such port either by ordinary 
or high tides, or by storms or land-floods. 

{S) Axkj person who by himself or another so casts or throws any ballast 
or rubbish or any such other thiug, and the master of any vessel from which 
the same is so cast or thrown, shall be punished with fine which may extend 
to five hundred rupees, and shall pay any reasonable expenses which may be 
inourred in removing the same. 

(d) If, after receiving notice from the conservator of the port to desist 
from so casting or throwing any ballast or rubbish or such other thing, any 
master continues so to cast or throw it, he shall also be liable to simple 
imprisonment for a term which may extend to two months. 

{4) Nothing in this section applies to any case in which the ballast or 
rubbish or such other thing is cast or thrown into any such port with the con- 
sent in writing of the conservator, or within any limits within which such 
act may be authorized by the Local Government. 

22. If any person graves, breams or smokes any vessel in any such portj OraTing 
contrary to the directions of the conservator, or at any time or within any ^hibUed 
limits at or within which such act is prohibited by the Local Government, he ^^^ 

w 2 



B<^ing pitch 
onboaid 
▼esMl within 
prohibited 
Smits. 



Drawing 
dpiiits by un- 
protected ar- 
tificial light. 



Warping. 



Leaving ont 
warp or 
hawser after 
sonset. 



DiBcSutrgeof 
fire-arms in 
port* 



Penalty on 
master omit' 
ting to take 
order to 
extinguish 
fire. 



808 Porh. [1889 ; Act X. 

(Chap. IV. — BulcB for the Safety of Shipping and the Conservation of Ports. 

Sees. 23-28.) 

and the master oE the vesael shall for every sach offence be punished with fine 
which may extend to five hundred rupees each. 

23. If any person boils or heats any pitch, tar, resin, dammer, turpen- 
tine oil or other such combustible matter on board any vessel within any 
such port, or at any place within its limits where such act is prohibited by 
the Local Government,^ or contrary to the directions of the conservator, he 
and the master of the vessel shall for every such offence be punished with fine 
which may extend to two hundred rupees each. 

24. If any person, by an unprotected artificial light, draws oflE spirits on 
board any vessel within any port subject to this Act, he and the master of the 
vessel shall for every such offence be punished with fine which may extend 
to two hundred rupees each. 

25. (I) Every master of a vessel in any port subject to this Act 
shall when required so to do by the conservator, permit warps or hawsers 
to be made fast to the vessel for the purpose of warping any other 
vessel in the port, and shall not allow any such warp or hawser to be let 
go until required so to do. 

(2) A master offending against eub.section (J) shall be punished for every 
such offence with fine which may extend to two hundred rupees. 

26. (i) A master of a vessel shall not cause or suffer any warp or hawser 
attached to his vessel to be left out in any port subject to this Act after sunset 
in such a manner as to endanger the safety of any other vessel navigating in 

the port. 

(2) A master offending against sub-section {1) shall be punished for every 
such offence with fine which may extend to two hundred rupees. 

27. If any person, without lawful excuse, discharges any fire-arms in any 
port subject to this Act, or on or from any pier, landing-place, wharf or quay 
thereof, except a gun loaded only with gunpowder for the purpose of making 
a signal of distress, or for such other purpose as may be allowed by the Local 
Government, he shall for every such offence be punished with fine which may 
extend to fifty rupees. 

28. If the master of any vessel in which fire takes place while lying in 
any such port wilfully omits to take order to extinguish the fire or obstructs 
the conservator or the port-offioer, or any person acting under the authority 
of the conservator or port-officer, in extinguishing or attempting to extinguish 
the fire, he shall be punished with imprisonment which may extend to six 
months, or with fine which may extend to one thousand rupees, or with both. 

' Hot instance of a notification issued nnder s. 23, •ee Burma Gazette, 1891, Ft. 1, p. 6. 



1889 : Act X.] ForU. 809 

(Chap. IV. — Bulcifor the Safety of Shipping and the Coneervaiion of Porte. 

Sece. 29-31.) 

29. (i) No person^ without the permission of the conservator^ shall in Unantbor- 
any port subject to this Act creep or sweep for anchors, cables or other stores \^f^ toMuch 
lost or supposed to be lost therein. ^^ lo«* 

{2) If any person offends against the provisions of sub-section {1), he 
shall be punished with fine which may extend to one hundred rupees. 

30. (i) No person without the permission of the conservator shall in any Bemoving 
port subject to this Act remove or carry away any rock, stones^ shingle, iaSribi^ 
gravel, sand or soil or any artificial protection from any part of the bank or ^o^^ ^ 

port pro* 

shore of the port ; lubited. 

and no person shall sink or bury in any part of such bank or shore, 
whether the same is public or private property, any mooring post, anchor or 
any other thing, or do any other thing which is likely to injure or to be used 
so as to injure such bank or shore, except with the permission of the conser- 
vator, and with the aid or under the inspection of such person, if any, as the 
conservator may appoint to take part in or overlook the performance of such 
work. 

{8) If any person offends against sub-section (i), he shall for every such 
offence be punished with fine which may .extend to one hundred rupees and 
shall pay any reasonable expenses which may be incurred in repairing any 
injury done by him to the bank or shore. 

Speeial Bulee. 

31. {1) No vessel of the measurement of two hundred tons or upwards Moying of 
shall enter, leave or be moved in any port to which this section has been oS^or^w' 
specially extended without having a pilot, harbour-master or assistant of the Sr^^'lS^ 
port-oflScer or harbour-master on board ; master. 

and no vessel of any measurement less than two hundred tons and exceed* 
ing one hundred tons shall enter, leave or be moved in any such port without 
having a pilot, harbour-master or assistant of the port«officer or harbour- 
master on board, unless authority in writing so to do has been obtained from 
the conservator or some officer empowered by him to give such authority. 

{2) If any vessel, except in case of urgent necessity, enters, leaves or is 
moved in the port contrary to the provisions of sub-section (i), the master of 
the vessel shall for every such offence be punished with fine which may extend 
to two hundred rupees, unless upon application to the proper ofiScer the master 
was unable to procure a pilot, harbour-master or assistant of the port-oflicer or 
harboar-master to go on board the vessel. 



of oorteixi 
▼eB8e]» with 

gaiflhing 
ftpparatoi. 



Xiery of poft" 
dnei. 



810 Ports. [1889 : Act X. 

(Chap. IF. — Rules for the Safety of SAifiping and the Conservation of Ports. 
See. 32. ' Chap. F.^^Port-dues, Fees and other Charges. See. 33.) 

(S) Nothing in sub-sections (i) and (3) shall apply to Native vessels 
when they are entering, leaving or being moved in the port of Bombay. 

{4) If any question arises as to whether any vessel is a Native vessel 
within the meaning of this section, the decision thereon of such authority as 
the Governor of Bombay in Council may appoint in this behalf shall be con- 
clusive. 

32. (i) Every vessel exceeding the measurement of two hundred tons 
and lying in any port to which this section has been specially extended shall 
be provided with a proper force-pump and hose and appurtenances, for the 
purpose of extinguishing any fire which may occur on board. 

{2) The master of such a vessel who, having been required by the con- 
servator to comply with the provisions of sub-section (i)^ neglects, or refuses 
without lawful excuse, so to do for the space of seven days after such requisi* 
tion, shall be punished with fine which may extend to five hundred rupees. 



CHAPTER V. 

Port-dubs, Fees and other Charges. 

33. []) In each of the ports mentioned in the first schedule such port- 
due, not exceeding the amount specified for the port in the third column of 
the schedule as the Local Government directs/ shall be levied on vessels 
entering the port and described in the second column of the schedule, but not 
oftener than the time fixed for the port in the fourth column of the schedule. 

{2) Whenever the Local Government, with the previous sanction of the 
Governor General in Council, declares any other port to be subject to this 
Act, it may, with the like sanction, by the same or any subsequent declara- 
tion, further declare,— 

(a) in the terms of any of the entries in the second column of the first 
schedule, the vessels which are to be chargeable with port-dues 
on entering the port^ 
(i) the highest rates at which such dues may be levied in respect of 

vessels chargeable therewith, and 
(e) the times at which such vessels are to be so chargeable. 

^ For nofeifications fixing such rates fxa porks in-— 

(i) Bengal, see Calcntts Gazette, 1892, Pt. I, p. 878 1 %bid, 1881, Pt. I, pp. 875, 878 and 

879 ; ihid, 1890, Pt. I, p. 699 1 iUd^ 1898, Pt. I, p. 181 ; ibid, 1894, Pt. I, p. 1245 1 
{2) the Bombay Preddenoy, see Bombay list of Looal Bnles and Orders, Vol. I« Ed. 

1896, p. cxzziii ; 
(9) the Madras Presidency, eee Madras List of Local Bnles and Orders, YoL I> Bd. 1899, 

p. 286 ; 
(tf) Bnrma, see Bnrma Laws List, Ed. 1897, p. S78, 



1889 : Act X.] Parh. SU 

(Chap, K'-^Port'dues, Fees and other Charges. Sees* 34-36 J 

(5) All port^dues now leviable in any port shall continue to be bo levi- 
Bble until it is otherwise declared in exercise of the powers conferred by this 
«eotion. 

(4) An order increasing or imposing port-dues under this section shall 
not take efFect till the expiration of sixty days from the day on which the 
t>rder was published in the local oflBcial Gazette, 

34. The Local Government may exempt ^ the vessels entering: a port Variation of 
subject to this Act from payment of port-dues and cancel the exemptiouj or Load Gov- 
may vary the rates at which port^dues are to be levied in the port^ in such ^^^'^^^'^^ 
manner as^ having regard to the receipts and charges on account of the port| 
it thinks expedient, by reducing or raising the dues^ or any of them : 

Provided that the rates shall not in any case exceed the amount author- 
ized to be taken by or under this Act. 

35« (i) Within any port subject to this Act^ fees may be charged for ^^es for 
pilotage, hauling, mooring, re-mooring, hooking, measuring and other services certain other 
rendered to vessels, at such rates as the Local Gt)vernment may direct :^ •emoea. 

Provided that, in the case of fees for pilotage, the previous sanction of the 
Oovernor General in Counoil has been obtained. 

(5) The fees now chargeable for such services shall continue to be charge- 
able unless and until they are altered in exercise of the power conferred by 
sub-section (i). 

36. (i) The Local Government shall appoint some officer or body of per- Beedpt, ex- 
-sons at every port at which any dues, fees or other charges are authorized to Moont 
be taken by or under this Act to receive the same and, subject to the control ^J^**" 
of the Local Government, to expend the receipts on any of the objects 
authorized by this Act.' 

{9) Such officer or body shall keep for the port a distinct aocouutj to be 
<salled the port fund account^ showing, in such detail as the Local Government 
prescribes, the receipts and expenditure of the port, and shall publish 
annually as soon after the first day of April as may be practicable an abstract 

^— — — ■ ■ -M— ^— 

> For instancet exempting yeflsels from the payment of port-daee, aee Fort St. George 
Qasette, 1898, Pt. I, p» 695, Burma Gazette, 1892, Pt. ( p. 67, and Calcntta Gaaette, 1898. Pt.I. 
p. 181 1 ihid, 1894, Pt. I, p. 1246. * 

s For notificationB preicribing fees for services mentioned in this section in ports in — 

(i) Bengal, #00 Calcutta Gazette, 1897, Pt. I, p. 602 1 ibid, 1884, Pt. I, p. 1101; ibid, 

1889, Pt. I, p. 199 and ibid, 1894, Pt. I, p. 1246 ; ibid, 1878, p. 182 ; 

(j3) the Bombay Preridenoy, tee Bombay List of Local Boles and Orders, Vol. I, Ed. 

1896. p. oxxslv ; 
(8) the Madras Presidency, tee Madras List of Local Bnles and Orders, Vol. I, Bd. 1898, 

pp. 286 and 286 ; 
(4) Burma, see Burma Laws Xiist, Ed. 1897, pp. 278 and 280^ 
^ For notifications — 

(1) appointing persons to ooUeot dues, etc., in certain ports in (a) the Bengal Preddency, 

#MCalcuttaGazefete,1890, Pt.I, p. 677;tdi4i, 1889, pp. 397, 696 and 691; ibid, 

1890, Pt. I, p 64; and (b) in the Bombay Presideni^, eee Bombl^ List of Local 
Boles and Orders, Vol. I, Ed. 1896, pp. cuxiv and cxzzy ; 

(19) as to disposal of group dues leried at certain ports in the Madias VnMeDcj, see 
Madras List of Local Boles and Orders, VoL I, Ed. 1896, p. 286. 



818 Pofli. [1889 : Act X^ 

(Chap. 7. — Port'dues, Feet and other Charg4». Sec. S6,J 

in snoh form as that Goverament prescribes^ of the occoant for the past 
financial year. 

{3) If I for any of the purposes of this Act^ an advance of money has beea. 
or shall be made by the Government on account of any port subject to thia 
Actj simple interest upon that advancCi or upon so much of it as remains or 
shall remain unrepaid^ at such rate as the Governor General in Council may 
determinci shall be charged iu the port fund account of the port. 

(4) All moneys received under this Act at or on account of any port 
subject to this Act, excluding receipts on account of pilotag^e but includ-^ 
ing— 

(a) fines, 

(d) proceeds of waifs, and 

(c) any balance of the proceeds of a sale under section 14 where no right 
to the balance has been established on a claim made within three^ 
years from the date of the sale, 
shall be credited in the port fund account of the port. 

(5) All expenses incurred for the sake of any such port, excluding expenses^ 

on account of pilotage but including— 
(a) the pay and allowances of all persons upon the establishment of the- 

port, 
{b) the costs of buoys, beacons, lights and all other works maintained. 

chiefly for the benefit of vessels being in or entering or leaving 

the port or passing through the rivers or channels leading thereto, 

(e) pensions, allowances and gratuities of persons who have beea 

employed in the port under this or any other enactment relating 
to ports and port-dues, or such portion of those pensions, allowancea 
and gratuities as the Local Government may by rule determine, 

{d) with the previous sanction of the Local Government, contributions 
towards the support of public hospitals or dispensaries suitable for- 
the reception or relief of seamen or otherwise towards the provision 
of sanitary superintendence ^ and medical aid for the shipping in 
the port and for seamen, whether ashore or afloat, belonging to^ 
vessels in the port, and, 

(e) with the like sanction, contributions towards sailors' homes, institutes,, 
rest-houses and coffee-houses and for other purposes connected with 
the health, recreation and temporal well-being of sailors, 
shall be eharged to the port fund account of the port. 

^ For notiBoation making provision u to mftintenance of office of Health-officer for the Port 
of Bombay^ #«« Bombay Ligt of Local Boles and Orders, Vol. I, Ed. 1896, p. czxzy ; for notifica- 
iioik directing the lery of hospital port-duee in the Port of Calcutta, «m Calcutta Gazette^ 1886,. 
Ft, I, p. 994. 



,1 



t" 






1889: Act X.] ForU. 818 

(Chap. K'-^PorMuei, Fee$ and other Charges. Sea, 37^39.) 

(6) Subject to the provisions of any local law as to the disposal of any 
balance from time to time standing to the credit of a port fnnd account, any 
snch balance may be temporarily invested in such manner as the Local Govern- 
ment may direct* 

37. {t) The Local Government may direct that for the pnrposes of the Groapingof 
last foregoing section any number of ports shall be regarded as oonetituting 

a single port, and thereupon all moneys to be credited to the port fund account 
under sub-section (#) of that section shall form a common port fund account 
which shall be available for the payment of all expenses incurred for the 
sake of any of the ports ; 

Provided, nith respect to the ports of Calcutta, Madras, Bombay, Ban- 
goon, Karachi, Cbittagong and Aden, that none of those ports may be grouped 
with any other port, and that the port fnnd account of each of those ports 
shall be kept separate from the port fund account of any other port. 

{2) "Where ports are grouped by or under this Act, the following conse- 
quences ensue, namely : — 

(a) the Local Government, in the exercise of its control over expendi- 
ture debitable to the common port fund account of the group, may, 
with the previous sanction of the Governor General in Council, 
make rules with respect to the expenditure of the fund for the 
sake of the several ports of the group on the objects authorized by 
this Act, and shall cause effect to be given to any directions which 
the Governor General in Council may deem it necessary to issue 
with respect to such expenditure ; and 

(5) the Local Government may exercise its authority under section 84 
as regards all the ports in the group collectively or as regards any 
of them separately. 

38. The person to whom any dues, fees or other chaiges authorized to be Beoeiptsfor 
taken by or under this Act are paid shall grant to the person paying the same a ^ "^ ">¥«^ 
proper voucher in writing under his hand, describing the name of his office, the 

port or place at whioh the dues, fees or other charges are paid, and the name, 
tonnage and other proper description of the vessel in respect of which the 
payment is made. 

39 f (i) Within twenty-four hours after the arrival within the limits of Master to 
any port subject to this Act of any vessel liable to the payment of port-dues J2^[^ 
under this Act the master of the vessel shall report her arrival to the oonser- 
vator of the port. 

(£) A master failing without lawful excuse to make such report within the 



314 Porti. [1889: Act X. 

(Chap. V. — Port'duet, Fees and eiher Chargee. Sees. 40^41.) 

time aforesaid shall for every such offenoe be punished with fine which may 
extend to one hundred rupees. 

(d) Nothing in this section applies to tug^steamers^ ferry-steamers or river- 
steamers plying to and from any of the ports subject to this Act or to ballam 
boats plying to and from the port of Chittagong. 
CoMenrater ^q^ if ^j^y vessel liable to the payment of port-dues is in any such port 

certein cases without proper marks on the stem and stern posts thereof for denoting her 
dxanglit and draught, the conservator may cause the same to be ascertained by means of 
^^^^*^® . the operation of hookingi and the master of the vessel shall be liable to pay the 
master. expenses of the operation. 

"^■^^^^^ _ 41. In order to*ascertain tlie tonnage of any vessel liable to pay port-dues 

nage of vessel the following ruleslshall be observed :-— 

port-dnea. (J) (a) ^ the vessel is a British registered vessel or a vessel registered 

under Act X of 1841^ or Act XI of 1850,^ or under any other law 
for the time being in force for the registration oE vessels in British 
Indiai the conservator may require the owner or master of the 
vessel, or any person having possession of her register to produce' 
the register for inspection. 
(5) If the owner or master or such person neglects or refuses to produce 
the register or otherwise to satisfy the conservator as to what is 
the true tonnage of the vessel in respect of which the port-dues 
are payable^ he shall be punished with fine which may extend to 
one hundred rupees^ and the conservator may cause the vessel to 
be measured, and the tonnage thereof to be ascertained, accordiog 
to the mode of measurement prescribed by the rules f9r the time 
being in force for regulatiug the measurement of British vessels, 
and in such case the owner or master of the vessel shall also be 
liable to pay the expenses of the measurement. 
(S) If the vessel is not a British registered vessel or a vessel registered 
under Act X of 1841 ^ or Act XI of 1850/ or under any other 
law for the time being in force for the registration of vessels in 
British jlndia, and the owner or master thereof fails to satisfy the 
conservator as to what is her true tonnage according to the 
mode of measurement prescribed by the rules for the time being in 
force for regulating the measurement of British vessels, the conser- 
vator shall cause the vessel to be measured and the tonnage thereof 
to be ascertained, according to the mode aforesaid, and in such 

> Printed, General Acts, VoU I, Ed. 1898, pp. 19 and 69* respeotivelj. 



1889 : Act X.] Porti. 816 

(Chap. V. — PorMuis, Fees and other Charges. Sees. 42-44 J 

case the owner or master of the vessel shall be liable to pay the 
expenses of the measurement. 
(S) If the vessel is a vessel of which the tonnage cannot be ascertained 
according to the mode of measurement mentioned in clauses (2) 
and {2), the tonnage of the vessel shall be determined by the 
conservator on such an estimate as may seem to him to be just. 
42* If the master of any vessel in respect of which any port-dues, fees or DifltraSnt and 
other charges are payable under this Act refuses or neglects to pay the same refanl to 
on demand, the authority appointed to receive such port-dues, fees or other ^^J^ 
charges may distrain or arrest the vessel, and the tackle, apparel and furniture 
belonging thereto or any pai*t thereof^ and detain the same until the amount 
due is paid ; 

and in case any part of the port-dues, fees or other charges, or of the 
costs of the distress or arrest or of the keeping of the vessel or other thing 
distrained or arrested^ remains unpaid for the space of five days next after 
any such distress or arrest, may cause the vessel or other thing distrained 
or arrested to be sold, aod with the proceeds of such sale may satisfy the 
port-dues, fees or other charges and the costs, including the costs of sale, 
remaining unpaid, and shall render the surplus, if any, to the master of the 
vessel upon demand. 

43. The oflBcer of Government whose duty it is to gmnt a port-clearance Noport- 
f or any vessel shall not grant such clearance— be»w!nted** 

(a) until her owner or master, or some other person, has paid or secured cbargMiffe 
to the satisfaction of such officer the amount of all port-dues, fees ^^ 
and other charges, and of all fines, penalties and expenses to 
which the vessel or her owner or master is liable under this 
Act; 
ITjfc^lBVlflif {b) until all expenses, which by the Merchant Shipping Act, 1854, 

section 228,^ are to be borne by her owner, incurred since her 
arrival in the port from which he seeks clearance, have been 
paid. 

44. (i) If the master of any vessel in respect of which any such sum as is Port-ohargei 
mentioned in the last foregoing section is payable causes her to leave any OTerort 
port without having paid the sum, the authority appointed to receive port* rocoverabl© at 

ji # 1 1 1 any ouisr 

dues, fees and other charges at the port under this Act may require in port 
writing the authority appointed to receive port-dues, fees and other charges 



•.104^ 



^ Set now the Merehant Shipping Act, 1884 (67 &68 Vict.» e. 60), ■. 209. 



Penalty lor 
avading 
payment of 
p<nrt-ebarge8. 



Port-due on 
yeiseU in 
liaUaBt. 



Port-dne on 
▼easels not 
diflcharging 
or taking in 
cargo. 



816 PoTti. [1889 : Act X. 

(Chap. r. — Port-dfieSj Feei and other Charges. Sees. 45-47.) 

under this Act at any other port in British India to which she may proceed, 
or in which she may be, to levy the sum. 

{2) The authority to whom the requisition is directed shall proceed to 
levy snoh sum in the manner prescribed in section 42, and a certificate 
purporting to be made by the authority appointed to receive port-dues, fe6» 
and other charges at the port where such sum as is mentioned in the last 
foregoing section became payable, stating the amount payable, shall be 
suflScient primd fade proof of such amount in any proceeding under section 
Ai%i and also (in case the amount payable is disputed) in any subsequent 
proceeding under section 59. 

45. (i) If the master of a vessel evades the payment of any such sum 
as is mentioned in section 43, he shall be punished with fine which may 
extend to five times the amount of the sum. 

{2) In any proceeding before a Magistrate on a prosecution under sub- 
section {l)f any such certificate as is mentioned in section 44, sub-section (2)y 
stating that the master has evaded such payment, shall be sufficient ^rfW 
faeie proof of the evasion, unless the master shows to the satisfaction of the 
Magistrate that the departure of the vessel without payment of the sum was 
caused by stress of weather, or that there was lawful or reasonable ground 
for such departure. 

{3) Any Magistrate having jurisdiction under this Act in any port ta 
which the vessel may proceed, or in which she may be found, shall be deemed 
to have jurisdiction in any proceeding under this section. 

46. A vessel entering any port subject to this Act (other than a port in 
Burma) in ballast and not carrying passengers shall be charged with a 
port-due at a rate to Le determined by the Local Gh>vernment ^ and not 
exceeding three-fourths of the rate with which she would othorwise be charge- 
able. 

47. When a vessel enters a port subject to this Act, but does not dis- 
charge or take in any cargo or passenger or passengers therein (with the 
exception of such unshipment and reshipment as may be necessary for 
purposes of repair), she shall be charged with a port-due at a rate to be 



For notiflcationsissned under tlua power by— ,.^^_ ,_, ^,xj ^,t 

(1) the Government of Bombay, $99 Bombay Inrt of Local Bules and Orders, VoL I^ 

Ed. 18969 P* €xxxy ; 
{S\ the Government of Madras, #«« Madras List of Local Boles and Orders, VoL I,. 
Kd. 1898, p. 257, and Fort St. George G azette, 1898, Pt. I, p. 696. 



1889: Act X.] ForU. 817 

(Chap. V. — Poft'duesy Feei and other Charges. Sees. 48-50.) 

determined by the Local GoYernment and not exceeding half the rate with 
^hich she would otherwise be chargeable :^ 

Provided that a vessel entering any of the ports within the territories 
administered by the Governor of Fort Saint Geoi^e in Council and leaving 
the same within forty-eight hours, without discharging or taking in any 
passengers or cargo^ shall not be charged with any port -due. 

48, No port-due shall be chargeable in respect of any pleasure-yacht, nor Fort-dae not 
shall any such due be chargeable in respect of any vessel which, having left pieasnre- 
any port, is compelled to re-enter it by stress of weather or in consequence of ^**^^ jj ^l^^*^ 
having sustained any damage. entering 

from streM 
of weather. 

49, (i) The Local Government may, by notification in the oflSoial Power to 
Gazette, order that there shall be paid lA respect of every vessel entering any ^^^ 
port subject to this Act, within a reasonable distance of which there is a port-daee. 
public hospital or dispensary suitable for the reception or relief of seamen 
requiring medical aid, such further port-dues not exceeding one anna per ton 

as the Local Government thinks fit. 

(2) Such port-dues shall be called hospital port-dues, and the Local Gov- 
ernment shall, in making any order under sub-section (i), have regard to any 
contributions made under section 86, sub-section (5), clause (^. 

(d) An order imposing or increasing hospital port-dues shall not take 
effect till the expiration of sixty days from the day on which the order was 
published in the local official Gazette. 

(^ Whenever the Local Government is satisfied that proper provision has 
been made by the owners or agents of any class of vessels for giving medical 
aid to the seamen employed on board such class of vesselsi or that such pro- 
vision is unnecessary in the case of any class of vessels, it may, by notifica- 
tion in the official Gazette, exempt such class of vessels from any payment 
under this section. 

(5) The Local Gt>vernmeut may, by notification in the official Gazette, 
cancel any order under sub-section (i) or withdraw any exemption under 
sub-section {4), 

50. (i) Hospital port-dues shall be applied, as the Local Government Applioation 
may direct, to the support of any such hospital or dispensary as aforesaid, or ^iJ^pi^ 

^ For notifteationa issued nndcr s. 47 by — ™ 

(i) the Government of Bengal, see Calcutta Gazette, 1889, Pt. I, p. 968 ; 
(j2) the Goyenunent of Bombay^ #m Bombay List of Local Bales and Orden^ VoL I, Ed. 

1896, p. cxxxv 
(0) the Government of Bnnna, $ۥ Borma Gazette, 1892, Pt. I, p. 67 ; 
(^ the Government of Madras, 8ee Madras List of Local Boles and Orders^ YoL I, Ed. 
1898, p. 237, and Fort St. George Gazette, 1898, Pt. I, p. 697. 



318 



PorU. 

(Chap. VI. — Houiing Signali. Sees. 51-B3.J 



[1889 ; Act X. 



otherwise for providing sanitary superintendence and medical aid for the 
shipping in the port in which they are levied and for the seamen belonging 
to the vessels therein^ whether snoh seamen are ashore or afloat. 

(2) The Local Oovemment shall publish annually in the oflSoial Qazette, 
as soon after the first day of April as may be, an account, for the past finan- 
cial year, of the sums received as hospital port- dues at each port where such 
dues are payable, and of the expenditure charged against those receipts. 

(3) Such account shall be published as a supplement to the abstract 
published under section S6, sub*seotion (8). 



Master to 
hoUt namber 
of Yeas el . 



Pilot to re- 
qaize master 
toluHst 
namber. 



Fbnalty on' 
pilot dis- 
obey iog pro* 
visions of 
this Chapter. 



CHAPTER VI. 

Hoisting Signals. 

51. {I) The master of every inward or outward bound yessel^ on arriving 
within signal-distance of any signal-station established within the limits of 
the river Hooghly, or within the limits of any part of a river or channel 
leading to a port subject to this Act^ shall, on the requisition of the pilot in 
charge of the vessel^ signify the name of the vessel by hoisting the number 
by which she is knowui or by adopting such other means to this end as may 
be practicable and usual^ and shall keep the signal flying until it^ answered 
from the signal-station. 

(2) If the master of a vessel arriving as aforesaid offends against sub- 
section {I), he shall be punished for every such offence with fine which may 
extend to one thousand rupees. 

52. (7) Kvery pilot in charge of a vessel shall require the number of the 
vessel to be duly signalled as provided by the last foregoing section. 

{S) When, on such requisition from the pilot, the master refuses to hoist 
the number of a vessel, or to adopt such other means of making her name 
known as may be practicable and usual, the pilot may, on arrival at the first 
place of safe anchorage, anchor the vessel and refuse to proceed on his course 
until the requisition has been complied with. 

53. Any pilot in charge of a vessel who disobeys, or abets disobedience to^ 
any of the provisions of this Chapter shall be punished with fine which may 
extend to five hundred rupees for each instance of such disobedience or abet- 
ment, and in addition shall be liable to have hia authority to act as a pilot 
withdrawn. 



1889 : Act X.] Paris. 81 9 

(Chap, VII. — Provisions loith respect to Penalties. Sea* 54'59.) 



CHAPTER VII. 

Pboyisions with rbspbct to Pbnaltibs. 

64. If any person disobeys any rule or order which a Local Government Penalty for 
has made in pursuance of this Act and for the punishment of disobedience to ^■o^ioo*^ 

* . . '^ to rulei and 

which express provision has not been made elsewhere in this Act, he shall be orders of the 

punished for every such ofFenoe with fine which may extend to one hundred emment. 
rupees. 

55. All ofEences agrainst this Act shall be triable by a Magistrate, and Offences han 
any Magistrate may, by warrant under his hand, cause the amount of any Seniltier^* 



fine imposed upon the owner or master of any vessel, for any ofEence com- how recover* 

• eel* 

mitted on board of the vessel or in the management thereof or otherwise in 

relation thereto, whereof the owner or master is convicted, to be levied by 

distress and sale of the vessel, and the tackle, apparel and furniture thereof, 

or so much thereof as is necessary. 

56. (i) In case of any conviction under this Act, the convicting Magis- Costs of 
trate may order the ofiEender to pay the costs of the conviction in addition to ~"*^®*'®^ 
any fine or expenses to which he may be liable. 

(j3) Such costs may be assessed by the Magistrate and may be recovered 
in the same manner as any fine under this Act, 

57. (1) If any dispute arises as to the sum to be paid in any case as Ascertain- 
expenses or damages under this Act, it shall be determined by a Magistrate, recoyery of 
upon application made to him for that purpose by either of the disputing ©j^P"^*"" •«*<* 

parties. payable un- 

der this Act. 

(j9) Whenever any person is liable to pay any sum, not exceeding one 
thousand rupees, as expenses or damages under this Act, any Magistrate, 
upon application made to him by the authority to whom the sum is payable, 
may, in addition to or instead of any other means for enforcing payment 
recover the sum as if it were a fine. 

68. Whenever any fine, expenses or damages is or are levied under this Act Costs of 
by distress and sale, the costs of the distress and sale may be levied in addition 
to such fine, expenses or damages, and in the same manner. 

59. If any dispute arises concerning the amount leviable by any distress or Magistrate 
arrest under this Act or the costs payable under the last foregoing section, the the amount 
person making the distress or using the arrest may detain the goods distrained \? ^ ^^^^ 
or arrested, or the proceeds of the sale thereof, until the amount to be levied dtspate. 



Jarifdiotion 
over officers 
be^rond, local 
Umitsof 
jarifldiotion. 



ConTiotion 
to be quashed 
on merits 
only. 



820 Farii, [1889 : Act X. 

(Chap. FIL-^ProvisioM with retpect to Penaltiet. Sees. 60^1. Chap. FIIL 

'^Supplemental Provisiont. See. 62.) 

has been determined by a Magistrate, who, upon application made to him for 
that purpose, may determine the amount^ and award such costs to be paid by 
either of the parties to the other of them as he thinks reasonable^ and payment 
of such costs^ if not paid on demand, shall be enforced as if they were a fine. 

60. {1) Any person offending against the provisions of this Act in any 
port subject to this Act shall be punishable by any Magistrate having jurisdic- 
tion over any district or place adjoining the port. 

{2) Such Magistrate may exercise all the powers of a Magistrate under 
this Act, in the same manner and to the same extent as if the offence had 
been committed locally within the limits of his jurisdiction, notwithstanding 
that the offence may not have been committed locally within such limits, and, 
in case any such Magistrate exercises the jurisdiction hereby vested in him, 
the offence shall be deemed, for all purposes, to have been committed locally 
within the limits of his jurisdiction. 

61. (i) No conviction, order or judgment of any Magistrate under this 
Act shall be quashed for error of form or procedure, but only on the merits, 
and it shall not be necessary to state, on the face of the conviction, order or 
judgment, the evidence on which it proceeds. 

{2) If no jurisdiction appears on the face of the conviction, order or 
judgment, but the depositions taken supply that defect, the conviotioui order 
or judgment shall be aided by what so appears in the depositions. 



Hoisting 
unlawful 
colours in 
port. 



CHAPTER VIIT. 

SUPPLEMBNTAL PROVISIONS, 

63. (i) If any vessel belonging to any of Her Majesty's subjects, or 
sailing under British colours, hoists, carries or wears, within the limits of any 
port subject to this Act, any flag, jack, pennant or colours, the use whereof on 
board such vessel has been prohibited by the Merchant Shipping Act, 1854,^ 17 & ig Vic^ 
or any other Statute now or hereafter to be in force, or by any proclamation ®* ^^^ 
made or to be made in pursuance oE any such Statute, or by any of Her 
Majesty's regulations in force for the time being, the master of the vessel 
shall, for every such offence, be punished with fine which may extend to fifty 
rupees. 



^ See now the Merdhuit Shipping Act, 1804 (157 & 58 YicKt 0. 60). 



1889 : Act X.] Fortt. S2I 

(Chap, VIIL — Supplemental Provisions. Sees. 63-66 J 

(j9} Such fine sballlie in addition to any other penalty recoverable in 
feepect of such an offence. 

(5) The conservator of the port, or any offioer of Her Majesty's Navy or 
Indian Marine Service, may enter on board any sach vessel and seize and take 
away any flag, jack, pennant or colonrs so nnlawfully hoisted, carried or worn 
on board the same. 

63. Any Magistrate, npon an application being made to him by the Foreign 
Consul of any Foreign Power to which the Merchant Shipping Act, 1S5I,^ 

^^jj/® ^*^*» has by an order of Her Majesty in Council been, or shall hereafter be 

declared to be applicable, or by the representative of such Consul, and upon 
complaint on oath of the desertion of any seaman, not being a slave, from any 
vessel of such Foreign Power, may, until a revocation of such Order in 
Council has been publicly notified, issue his warrant far the apprehension of 
any such deserter, and, upon due proof of the desertion, may order him to be 
oonveyed on board the vessel to which he belongs^ or, at the instance of the 
Consul, to be detained in custody until the vessel is ready to sail, or^ if the 
vessel has sailed, for a reasonable time not exceeding one month : 

Provided that a deposit be first made of such sum as the Magistrate deems 
necessary for the subsistence of the deserter during the detention, and that the 
detention of the deserter shall not be continued beyond twelve weeks. 

64. (i) The provisions of sections 10 and 21 shall be applicable to all Applieatioo of 
ports heretofore or hereafter declared by the Local Government to be ports for |[^4^ 

the shipment and landing of goods but not otherwise subject to this Act, and 
may be enforced by any Magistrate to whose ordinary jurisdiction any such 
port is subject. 

{8) A ny penalties imposed by him, and any expenses incurred by his order 
under the said provisions, shall be recoverable respectively in the manner pro- 
vided in sections 55 and 57. 

(3) III any of the said ports for the shipment and landing of goods the 
consent referred to in section 21, sub-section {4), may be given by the prin- 
cipal officer of customs at such port or by any other officer appointed in that 
bdialf by the Local Government. 

65* The port-due leviable under this Act in either of the ports of AoplieaiioB 
Manlnudn and Bassein shall, to the extent of one anna and six pie per ton, be and T*nm\n 
applicable in the first place to defray the expenses of maintaining the existing vor^^^^. 
port-lights of Burma. 



^ See now the Mercliaiit Shipping* Act, 1894 (67 & 68 Yiot., o. 60). 
VOL. V. 



8M 



YaUdAtion of 

irregnltt 

eoQtriba* 

tiOBf. 



Orftot of 
titatfor 
nUon' 
iastitntef. 



Bzendse ot 
poweri of 
conMrvator 
bj his 
aisiitonta. 



Borrioo of 
written 
Botioesof 
directiont. 



Pablieatioii 
of orders of 
Local 
GoFernment. 



Pofti. [1889 I A«l H. 

(Ckap. VIII. '^Supplemental Provuione. 8ee$. 66-70.) 



66. Any money eontribaied before the passiog of tbia Act from aay port 
fand for any purpose comiected with the health, recraatioo and well-being 
of sailors skall be deemed to have been lawfully ooatributed from the 
fcmd. 

67. Any local authority in which any immoveable property in or near a 
port is vested may, with the previous sanction of the Local Oovemmentf 
appropriate and either retain and apply, or transfer by way of gift or 
otherwise, the whole or any part of the property as a site for, or for use as, a 
sailors' home or odier institution for the health, recreation and temporal well* 
being of sailors. 

68. (i) All acts, orders or directions by this Act authorized to be done 
or given by any conservator may, subject to his control, be done or given by 
any harbour-master or any deputy or assistant^ of such conservator or 
harbour-master. 

(9) Any jperson authorized by this Act to do any act may call to his aid 
such assistance as may be necessary. 

69. Any written notice of a direction given under this Act, left for the 
master of any vessel with any person employed on board thereof, or aflSzed 
on a conspicuous place on board of the vesseli shall, for the purposes of this 
Act, be deemed to have been given to the master thereof. 

70. Every declaration, order and rule of a Local Oovernment made in 
pursuanoe of this Act shall be published in the official Gazette, and a copy 
thereof shall be kept in the office of the conservator and at the custom-house, 
if any, of every port to which the declaration, order or rule relates, and shall 
there be open at all reasonable times to the inspection of any person with- 
out payment of any fee. 



^ In the Bombay PresideDoy officers in oharge of cnstoms-hoases have been appointed anist- 
ants to conservators at each of the ports, $ee Bombay Oovernment Ghizette, 1878, Pt. I, p. 91. 
The notification iesned under the Ports Act, 1875 (XII of 1875), snd is kept in force by s. 2 of 
this Act. 



1869 : Act ZO FoHi. 323 

( The Fiut Se/ieduh.-^Porls, Fesiels chargeable^ Bate of Port-dues and 

Frequency qf Payment. J 



THE FIRST SCHEDULE. 

PoBTs, Vessels ohabobible, Rate ov Poet-dubs awd FRBquBNCT of Pay- 
ment. 

(See iectione 1 amd 33.) 

Part I.— Bengal. 



Nmm of port. 



Oaleutta 



<3hittagong 



V«i86l8 ohargeable. 



2 



Sea-going yessels of 
twenty tons and 
upwards. 



Tag-steamers and 
rivor-steamers. 



Sea-going vessels of 
ten tous and up- 
wai'ds, not being 
ballam-boats. 



Tug-steamers and 
rirer-steainers. 



Ballami'bofttB 



Bate of port^daes. 



Not exceeding four 
annas per ton : pro- 
Tided that, in the 
case of dhonis and 
conntry Tessels em- 
ployed in the coast- 
ing trade, the rate 
shall be one-half the 
rate chargeable in 
respect of other 
vessels. 

Not exceeding four 
annas per ton. 



Not exceeding fonr 
and a half annas per 
ton. 



Ditto 



Nob exceeding 
anna per ton. 



one 



Duo how often chargeable 

in reipect of tame 

TeBiel 



Whenever the ressel 
enters the port, except 
in the case of dhonis 
and country yessels 
employed in the coast- 
ing trade, which shall 
not be chargeable with 
port-dues at the same 
port more than once in 
sixty days. 



Once between the Ist 
January, and the 80th 
June, and once between 
the Ist July and the 
81st December, in each 
year. 

Whenerer the vessel 
enters the port, except 
in the case of mau- 
steamers and coasting 
vessels, which shall not 
be chargeable more 
than once in sixty 
days. 

Once between the Ist 
January and the dOth 
June, and once between 
the 1st July and the 
8 1st December, in each 
year. 

Whenever the vessel 
enters the port. 

ssaBmsBOBSB^aacsaac 

3C 2 



824 Porh. [1889 : Act X. 

(The First Schedule. — Porte, Vest els chargeable, Bate of Port-dues and 

Frequency of Payment.) 



Part I.— Bbnqal. — concluded. 



'Nuba of port. . 


VeiMla ehargeabl«. 


Rate of port-does. 


Dae bow often chargeable 

in respect of same 

Tetsfl. 


1 


2 


3 


4 


Gattaok Ports,— 
namely, False 
Point and Pooree. 

Balasore Ports, — 
namely, Balasore, 
Ghdriman, Laieh- 

. hnnpar, Gh&naa^ 
8 n D a r narekha, 
Bbamn (Ghand- 
bally) and Sartha. 


Sea-going vessels of 
ten tons and up- 
wards. 

Ditto 


Not exceeding four 
annas per ton. 

Ditto • • 


Whenever the vessel 
enters any one of the 
ports, except in the case 
of mail-steamers and 
coasting vessels, which 
shall not be chargeable 
more than once in sixty 
days, 

^ [Whenever the vessel 
enters any one of the 
ports, except in the 
case of mail-steamexa 
and coasting vessels, 
whicb shall not be 
chargeable more than 
once in thirty days.] 



Part II.— -Madrajb Pebsidbnct. 



NaiBS of port. 



Madraf 



|4i 






a* 

p 

IB 

I 



s 

P 



Bate of port-daea. 



Foreign Veeselt. 

(a) In the case of a foreign 
ship or steamer, engaged in 
trade with the Straits Settle- 
ments or Geylon, calling at 
Madras, not exceeding lonr 
annas a ton. 

(5) In the case of any other for- 
eign ship or steamer calling 
at Madras, not exeeeding four 
annas a ton. 

Cooiting Fe«#e2f . 
(c) In the case of a coasting ship 
caUiog at Madras, not exoeea- 
ing one and a half annas a 
ton. 

Id) In the case of a coasting 
steamer calling at Madras, not 
exceeding three annas a ton. 



Dae bow often chargeable 
In reapeefc of eame 
Teesel. 



The payment of the dne at 
the port will exempt the 
ship or steamer for a. 
period of sixty days from 
liability to pay the due 
again. 

The dne is payable on eaeb 
entry into the port. 



The payment of the due at 
the port will exempt tbe 
ship for a period of sixty 
days from liability to pay 
tbe dne again. 

The due is payable onoe in 
thirty days. 



#TT -fMSfT J2^1^21**W*!?**^ '®» *'»• ''O'd "ditto •• bj the iDdian Ports Aet (1888) Amendmtnt 1st. 18M 
(II of 1864), printed, Gtnenal Acta, Vol. VI. 






1889 : Act X.] Portt. 326 

(Thi Firit 8ehed«le,/—Porti, Veittlt ehargeahle. Sate of Port-diut and 

Frequetiey of Payme»t.J 

Part II. — Madbas Pbbsidbhox — continued. 



Dn* lion ottan ohuseabl* 



li 






Port 



1. OopAlpni. 

2, SoauJpDTUii. 

i. P&ndl. 

C. Cftlingapktam. 

6, Eonad*. 

7. BimfipttMn. 
S. Vingap&tem, 

10. PenUkota. 

11, Uppadtt. 
18. Cowuada. 
13. CoriDgk, 
14 BeDdaunr- 

UnkB. 

16. NarMpnr. 
16 Perapalem. 

17. HwulipatMn. 

18. Feanmnili, 

19. Homtote. 

20. Ni^y&lankft. 

51. Kottapalem. 

28. Osngadipaleni. 

23. NiiHmpatnnm. 

24. Jparapalom- 

25. BaddoTanipa- 

26 Uotni-aUe, 

87. Eanoparti. 

88. Eottapatnam, 

29. Itamakkala. 

80. Pakala- 

81. EariJn. 

52. BamaTapttt 

85. Chennay^pa- 

M. ToDiinalapenta. 

86. Jnvalftdinne. 

30. Jskapallee. 
87- FuniiapDcS. 

38. Maipadn. 

39. KiBtnapatam. 

40. Pamanjl. 

41. Ta^li. 

48. Dajiiaraipat- 



(a) In the caK of a foreign The payment of tha dn* K 



tiade nilh tlie Straits Bettte- 
ments, calling at any one port 
\a the Eaitem gniap, not 
exseeding three ' — 

<A} In the ca« of any other 
tartiga ibip or steaner call- 
ing at any one port In the 
Eaitem groap, not exceeding 
tluveannai a ton. 



(e) In the caM of a f orei^ 
■Mp or ateamer, engaged in 
trade with tbe Stralta Settle- 
mente, calling at more than 
one port in the Eastern gronp, 



{d) In tito oaae of an; other 
fordgu ship or ateamer call 
Ing at more than one port ii 
the Battem gronp, not ex 
ceeding four and a half annai 



(() In the case of a coaatlng 
ship calling at any port, not 

exceeding oae and a ult anna* 



(/) In the oaia of a ocaiting 
steamer calUng at one or more 
porta in the Eastern groap, 
not exoee^ng Jthree annai a 



the port will exempt the 
sbip or steamer for a- 
period of sixty d»;s from 
liaUlity to pay the dae 
ag^n at that port. 



The payment of the dne at 
the Brat port eaUed at In 
the gronp will exempt the 
slup or ateamer for a 

Sriod of sixty days from 
tnlitj to pn; the dna 
again at that or any other 
port in the gronp. 

The dne is payable onee for 



The payment (4 the dne at 
the p^ will exempt the 
ship for a period of sli^ 
days from liaUlity to pay 
the dne again at tiut 

The payment of the das at 
the firat port called at in 
the gronp will exempt the 
steamer for a period of 
thirty days from UabUltj 
to pa; tlie dno again at 
thst or any other port in 
the gronp. 



826 Port*. [1889 : Act 4. 

(The Ftrtl SehedtUa.~Porli, faistU chargeaile, Batt of Port-due* and 
Pregueney of Payment.) 

Pa.rt II, — Madras Frbbidinot — continued. 





^i- 




DnehowafirachirffHbla 


K>»»otfo>t. 


m 


Bals DtiHrt-aaM. 


InnnpHtafianie 


Sorient Group — oontd. 


— 


Foreign Vtitlt. 




in- 






trint. 






(o) In the «M« of . ftrndgn 
ti.de wltli tlie StniiS^Ut- 








Thep.yni«to( the due U 


fl 


48. Cadd&Iore. 




the port wm eicmpt the 


II 


46. FOTto Koto. 




■Uponteamerfn-.period 
of liity daji ttvai XnWtts 








menu, clling .t mj one port 








In the But«ni gronp, not ei- 


to p.7 tbo dne .gain at 




tai^nr 




oee^Dg three unu . ton. 


that port. 














63. Ktgora. 

54. Neg»p.t<m. 

55. TehnV&ni. 




(i) In tlie out of ftny other for- 


TbedneUp.jmMe on each 






eign Bhip or tteimer odling 


entry into the port. 




56. Toppntni^. 




.t kny oDo port ia the Ek»tem 




1 


B7. Pdnt C>1 mer 




group, not eiceedlng three 








MIOM . too. 




1 


69. AUnniFktiAm. 




















^ 


(olIntheeueofafoRignihIp 


The payment of the doe at 




St. Eriihiuijiptt- 


or itcsmer, engu^ed in trade 


the flnt pmt cUed >t In 




lum. 


1 




the group will eiempt the 
ihip or ite.mer for a 






nlling .t more than one port 






in the Eutem group, not ex- 
ceeding fonr and Kb.lt uinai 


period of »Uty days from 








lUhility to pay the dae 






1 
i 


.ton. 


agun it that or uy other 


. 






port in the group. 


urn. 


(<OTntbe eaN of any other 


The dne ii p«T.ble onoe for 




68. Tona. 


1 


forrign iliipor ■tGamereaUing 


the voyage. 




69. KamUtaW. 


5 


at more th«i one port in the 








^ 


Eutern group, not exceeding 






71. Kw.ig.dQ. 


1 


torn kdA a h.U tnn.s a ton. 






72. Timp^nkDdi. 
















74. Madi,»np.t- 


1 






1! 


76. Attanfcuid. 


Coaiting VetttU. 




1 


77. PUkiDMdnm. 


i 


[«) In the caie of . cwtlng 


The payment of the dne at 




78. PimbMi. 




■hip raUing at uiy port, not 
eieee^gone and . hiUf uinM 


thd port will exempt the 
.hipforaperljd ofdrt. 




79. BCin«r.i.iu. 






80. MHid.p.m. 

81. r«da]^. 




.ton. 


daya from liaUlity to pay 
the dne agiOn at Uiat 




B8. Ib»kk.j«p.t- 






port. 




83. UottQpetUI. 

84, Eil.kar£. 




(/) In the caw of a ooattxng 


The payment of the due at 




86. ErT.£. 




•teamer<MlUng at one or more 


the flrrt peat called at in 




86. TkUnokVam. 




porta in the Eartem gronp, 


the gronp will exempt the 


, 


87. T.ippu-. 






■teamar fOr a period of 


AcS 


88. TatiooriD. 




.ton. * 


thirty djv* from liabilitj 


l^i 








to p.y the dne again at 








thatoriny other port in 


B < 


p.fa>«n. 






the group- 



1880 : Act Z.] PorU. 8B7 

(The First Sehedule.^'Parh, Vesseh chargeable, Bate 9f Poft^uU and 

Frefueney of Fayment.J 

PaRV II.-— MaDBAS PrBSIDENOT-— ^ff^Mltftfd. 



K«D6 of port. 



lb 



WeHem Oravp. 



Bis- 

iarict. 



/ 



I' 






Port. 



91. Cochin. 

92. Aimporam. 
98. Eakknyi. 
94. Mftdayi. 
96. Attakarfr 

96. ChivakiUL 

97. Yelivangod. 

98. FoDAni. 

99. Kuttoyi. 

100. PaiapaniuL 

101. Tannr. 

102. Parpanang^. 

103. Kadalvandi. 
101. Beypore. 

105. Molakkadava. 

106. Calicut. 

107. Padiyangadi. 

108. EUaUa^n. 

109. Eappatta. 

110. Quilandi. 

111. Kollam. 

112. Kadalara. 

113. Trikodi. 

114. EottakkaL 

115. Bedagara. 

116. Mnttankal. 

117. Chompayi. 

118. Eallyi. 

119. Tblayi. 

120. Tellicberry. 

121. Bbarmapat- 

nam. 

122. Ezbera. 
128. Cannanore. 

124. Pu^yangadi. 

125. Fi^Hpatnam 

(Baliapatam). 

126. EitikuUm. 

127. Kavrayi. 



Bate of port-dnea. 



Dna bow oftan ohaigaable 

in napeet of aama 

TcaMl. 



I 



(a) In tbe caae of foreign ahip 
oraieamer, engaged in trade 
witb tbe Straita Settlements, 
calling at any one port in ihe 
Weatem group, not exceeding 
tbree annaa a ton. 

(5) In tbe caae of any otber 
foreign abip or ateamer call- 
ing at any one port in tbe 
Weatem gronp» not exceeding 
tbree annaa a ton. 

{e) In tbe caae of a foreign abip 
or ateamer, engaged in trade 
witb tbe Straita Settlements, 
calling at more tban one port 
in tbe Weatern gronp, not 
exceeding fonr and a balf 
annaa a ton. 



{d) In tbe caae of any otber 
foreign abip or ateamer call- 
ing at more tbat one port in 
tbe Weatern group, not ex- 
ceeding fonr and a balf annna 
a ton. 



{$) In tbe caae of a coaating 
abip calling at any oort, not 
exceeding one and a balf 
annas a ton. 



(/) In tbe ease of a coasting 
steamer calliog at one or 
more ports in tbe Western 
gronp, not exceeding tbree 
annaa a ton. 



Tbe payment of tbe doe at 
tbe port mil exempt tbe 
ahip or steamer for a period 
of aixty days from UabUity 
to pay tbe dne again at 
tbat port. 

Tbe dne is payable on each 
entry into tbe port* 



Tbe payment of tbe doe at 
tbe first port called at in 
tbe gronp will exempt tbe 
sbip or steamer for a period 
of sixty days from liaUlity 
to pay tbe doe again at 
tbat or any otber portjin 
tbe g^onp. 

Tbe dne is payable once for 
the Foyage. 



Tbe payment of tbe dne at 
tbe port will exempt the 
alup for a period of aixty 
days from liaUlity to pay 
tbe doe again at that port. 

Tbe payment of tbe dne at 
tbe firat port called at in 
tbe g^op will exempt the 
steamer for a period of 
thirty days from liability 
to pay tbe due again at 
tbat or any otber poft In 
the group* 



8*8 Fori$. [1889: Act X 

(The First Schedulej—Pofti, FesseU ehargeahle, Raie of Port-dnes and 

Frequenej of Pa^menf.) 

Pabt It.-^MADttA8 PuBsiDBNOT — Concluded. 



Name of port. 




Rato of port-daoa. 



Doe bow often charfreable 
la respect of 
Teasel. 



WuUm Groiip— conoid. 




/ 



^( 



128. Hosdmg. 

129. Baikal. 

130. KiLsang^ 
181. Kntnbale. 
132. ManjeBvam. 
183. Maogalore. 
134. Mulki. 
136. Padubidri. 

136. Ermala. 

137. Uchhila. 

188. Kapli. 

189. Udiyavara. 

140. Malpe. 

141. Barkuror 
Hangarakalfta. 

142. Coondapoor. 

143. Nyakinakatte 
(Nayakkan- 
kottal). 

144. Balndar. 
146t 8imm. 



/ 



J 



P 

1 
I 

s 



s 
s 

► 
to 

i 



\ 



Foreign F#«#dZ#. 

(a) In the caae of a foreign 
ship or steamer, engaged in 
trade with the Stndts Settle- 
mentv, calling at any one port 
in the Weatem gronp, not ex- 
ceeding three annaa a ton. 

(&) In &e case of any other 
foreign ahip or steamer calling 
at any one port in the Weat- 
em gronp« not exceeding 
three annaa a ton. 

(e) In the caae of a foreign ahip 
or steamer, engaged in trade 
with the Straita Settlementa, 
osilling at more than one port 
in the Weatem group, not 
exceeding four and a hall 
annaa a ton. 

(<{) In the case of any other 
foreign ship or steamer call- 
ing at more than one port in the 
Weatem group, not excee<Ung 
four anil a half annaa a ton. 

Cooiting VeeseU, 
(a) In the caae of a coaating 
ahip calling at any port, not 
exceeding) one and a half 
annaa a ton. 

if) In the case of a coasting 
steamer calling at one or 
more ports in the Western 
group, not exceeding three 
annas a ton. 



The payment of the dne at 
the port will exempt the 
ship or steamer for a 

rS^J^.^'^'^^^y^ from 
liability to pay the due 
again at that port. 
The due is payable on each 
entry into the port. 



The payment of the due at 
the first port called at in 
the group will exempt the 
ship or steamer for a period 
of sixty days from liaMlity 
to pay the due again at 
that or any other port in 
the group. 

The due is payable once ft» 
the voyage. 



The payment of the due at 
the port will exempt the 
ship for a period of sixty 
days from liability to pay 
the due again at that port. 

The payment of the due at 
the first port called at In 
the group will exempt the 
ateamer for a period of 
thirty days from liabililgf 
to pay the due agun at 
that or any other port in 
the group. 



(») 



Mxplanatiom to Fart II of the Firet Schedule, 
F&plancftion i.-In this Fturt of the Schedule— 



Vm of 1878. 



w 



"ship ** means a sailing vessel, and '* steamer '* a steam-vessel ; 

"coasting ship" or *< coasting steamer'' means respectively a ship or steamer which at 
any port discharges carge exclusively from, or takes in cargo exclusively for, any 
port in the island of Ceylon or any part of India, between the westernmost part of Bind 
and the south-eastemmost part of Burma ; and " coasting ateamer " includes a coasting 
steam- vessel having a general paas under section 164 of the Sea Customs Act, 1878|^ 

*« foreign ship ** or " foreign steamer '* means respectively a ship or steamer not being a 
coasting ship or coasting steamer. 



Goeanada 



Explanation 2,-'Ab regards the levy of port-dues, each of the following pairs of ports, namely 
nada and Coringa, Nagore and Kegapatam, Beypore and Calicut, is to be treated as if it wm 



only one port ; every vessel in respect of which such dues have been charged and taken at one of 
any of the said pairs b^ng exempted from the does on entering the other of the same pair imme- 
diately after leaving the one in wUch the does were charged and ttkken. 



> PtiotMl. General Aota, Vol. Ill, Sd. 1888, p. 188. 



1889 : Act X.] Potts. 829 

(The Fiut Schedule. — Portly VetieU chafgtahU^ Rate of Tori-duee and 

FrequefUg of Paj/meniJ 



Paet III. — Bombay Prbsidbkoy. 



Nftma of port. 



Bombay 



Veiieli durgeftblo. 



Sea-going Teaiek of 
ten tons and np- 
warda (except fish- 
ing-boati). 



Tng-steamerB, f eny- 
Bteomen and river- 
•teamen. 



Bate of porMvM. 



Not exoeeding 
annas per too. 



fonr 



Northern Group cf 
Forts-- 

1. Gogha • 

2. Dholeitf . 
8. TankM . 

4. Dehe^^m. 

5. Dehe] 

6. Broach 

7. Bhagwi . 

8. Sartft 

9. Matw&d . 

10. Balstfr . 

11. Umarstfdi. 

12. Kolak . 

13. Kal4i . 

14. Maroli 
16. Umbarff6m 

16. GholwaZl . 

17. D^^nn Creek 

18. Ttfrtfpnr . 

19. 01iyaT4KaY&pnr 
^. S4tp^ti Creek . 

21. M^ham (Kelva) 

22. Kelva 

23. Dantiora • 

24. Am&la . 



Sea-going yessels 
of ten tons and 
upwards (except 
fishing^boats). 



Ditto . 



Not exceeding three 
annas per ton : pro- 
vided tnat a coasting 
steamer wheneyer it 
enters any port may 
be charged at a rate to 
be determined by the 
Local Goyemment and 
not * exceeding tiie 
highest rate ol port- 
dues leviable at any 
port of the gpronp to 
which such port belongs 
and an addition of one- 
half of snch highest 
rate. 



Dae how often ebarfreable 
in rospeet of Buno , 
venel. 



Once in 
month. 



the nme 



Once between the Ist 
Jannaiy and the 80th 
June, and once be- 
tween the Ist Jn]j 
and 81st December, 
in each year. 



Once in thirty days at 
the same port : pro- 
vided that no coast* 
ing vessel or coaatine 
steamer, having paia 
port-dues at any 
port, shall be charge- 
able with port-dues 
again at the same 
time or any other 
port of the same 

Soup within thirl^ 
y . 



830 Ports. [1889: AetX. 

(The First SeAedule.^^Ports, Vessels ehargeaiU^ Rats of Port-dues and 

Frequency of PaymenL) 

l^K\iT III. — Bombay Prbsidbnct — continued* 



Nam* of port. 



Southern Chimp of 
Ports— 

1. B4ndra . 

2. Ves&ya . 
8. Manor! . 

4. Utan 

5. Baasein^ . 

6. Bhiwndi . 
7* Kalyan . 

8. Thina . 

9. Trombay . 

10. Panwel . 

11. Karanj^ • 

12. Bewas 

13. Nagothna 

14. Thai 

15. AHb&g . 

16. Beydand^ 

17. M&ndad . 

18. Bankot . 

19. Eelsbi . 

20. Harnai . 

21. Anjanwel 

22. Borya 
28. Jaygad . 

24. Varadi^ . 

25. Batnagiri 
86. Bnrangad 
27- Jaytapnr 

28. Vijaydurg 

29. DoTgad # 

80. Achia 

81. M41wan . 

82. Nivti 
88. Yengula . 

84. Bedi 

85. Terekhol 

86. ^rw&r, inclnd 

ing Baitkhol 

87. Cbendya 

88. Ankoli . 

89. Gang^vali 

40. Tadrl 

41. Kiimpt& . 

42. Hoii4vaT 
48. Mardesbwar 

44. Sbir&li . 

45. Bbatkal . 



VeMeli chargeftble. 



Bate of port-dam, 



Dne how often ctaarseaUe 

in respect of Mime 

Teeeel. 



* Sea-going Tessels 
of ten tons and 
upwards (except 
fisbing-boats). 



Not exceeding three an- 
nas per ton : provided 
that a coasting steamer 
wheneyer it enters any 
port may be charged at 
a rate to be determined 
by the Local Goyem- 
ment and not exceed- 
ing the highest rate of 
port-dnea leyiable at 
any port of the gronp 
to which such poit 
belongs, and an addi- 
tion (3 one-half of snch 
highest rate. 



Once in thirty days at 
the same port : pro- 
vided that no ooast^ 
ing vessel or coasting 
steamer, having paid 
port-dues at any port, 
shall be chargeable 
with port-dues agun 
at the same or any 
other port of the same 

Soup within thirty 
ys. 



1889: Act X.] Porti. 881 

(The lirst ScheduU.-^Ports, Tesuh ehatgeaUe^ Bate of Porl'due$ and 

Frequency of Payment.) 



Part III. — Bombay 'P^ntBiDHtJUCY^eoneluded. 



KasM of port. 



Bangoon 



HavlBudn 



Kaim export. 


YeiMls ebargetble. 


lUte of port-duet. 


Dae how often churgeible 
in reepeot of seme 
Teeeel. 


.1 


9 


S 


4 


Kiiaolii 

Aden • • • 


Sea-going yessels of 
ten tons and np- 
wards (exoepi fieh- 
ing-boata). 

Tag-steamerB and 
riTerHrteamers. 

Sea-going yeaselB of 
ten tons and up- 
wards. 


Not exceeding fonr an* 
nas per ton. 

Ditto 

Not exceeding tliree 
annas per ton . 


Onoe in three months. 

Once between the lit 
Jannary and the SOth 
June, and onoe be- 
tween the Ist Jnlj 
and the Slst Decern* 
ber, in each year. 

Once a month. 



Part IV.— Bubma. 



VeeselB eherg^OAO. 



Sea-going yeaaelsof 
ten tons and np- 
wards* 

Tng-steamers and 
riyer-steamers. 



Rate of port^ee. 



Not exceeding six annas 
per ton. 



Not exceeding four annas 
per ion. 



Dne how often chargeable 

in reepeet of aame 

Teasel. 



1 



Sea-going yessels of 
ten tons and np- 
wards, but less 
than twenty-fiye 
tons. 

Sea-going yessels of 
twenty-fiye tons 
and npwards* 



Not exceeding f onr annas 
per ton. 



Not exceeding fiye annas 
six pies per ton. 



Onoe in sixty days. 



Onoe between the Ist 
Jannaiy and the 90th 
Jnne, and onoe be- 
tween the 1st July 
and the Slst Decem- 
ber, in each year. 

Onoe in sixty days* 



Ditto. 



484 Canionments. [1889 s Act TTTJ, 

Cantonment Court of Small Camei. 
SicnoNS. 

8. AppoiDtment of CantonmeDt Magistrate aa Jadge of CSantonment 

Court of Small Causes. 

9. Appointment of Additional Judge of Cantonment Court of Smill 

Caases. 

10. Judges of existing Cantonment Courts of Small Causes. 

11. Continuance of jurisdiction of Cantonment Court of Small Causes in 

certain cases notwithstanding reduction of jurisdietion of Jadge. 

Cantonment Police» 

12. PoHce. 

CHAPTER III. 
Spirituous LiquoRS and Intoxioating Dnues. 

1S« Unauthorised sale of spirituous liquor or intoxicating drug. 

14. Unauthorised possession of spirituous liquor. 

1 5. Arrest of persons and seizure and confiscatian of things for oEEencee 

against the two last foregoing sections. 

16. Saving of articles sold or supplied for medicinal purposes. 



CHAPTER IV. 
Taxation and Cantonmiekt Fund. 

Taxation. 

17. General power of taxation. 

18. Extension of Act XX of 1856 to certain cantonments. 

19. Restriction of power of taxation in cantonments in which Act XX of 

1856 is in force. 
itO. Power to prohibit or exempt from taxation. 

Cantonment Fund. 

21. Cantonment fund. 

22. Custody of cantonment fund. 

£3. Vesting and management of cantonment fund. 

24. Acquisition of immoveable property at cost of cantonment fund. 



CHAPTER V. 
Supplemental Peoyisions. 

25. Extension of enactments to cantonments. 

26. Matters respecting which rules may be made. 

27. Supplemental provisions respecting rnles. 

28. Extension of certain enactments and rules to places beyond canton » 

ments* 

29. Inapplicability of section 555, Act X^ 188:^, to trials of offences against 

this Act, 






1889: ActXIIL] Cant<mmewi9. 335 

(Chap. L — Preliminary. Sees. 1'8.J 
Sbotions. 

80« Cantonments in presidency-towns. 

81. Protection of cantonment authority. Magistrate and commanding 

officer. 
32. Registration. 
83. Limitation of the operation of this Act* 

THE SCHEDULE— Enactments rbpbalbd. 



ACT No. XIII OP 1889.1 

lllii Oeiober, 1889.'] 

An Act to ameud the law relating to Cantonments. 

Whbrbas it is expedient to amend the law relating to cantonments ; It 
is hereby enacted as follows :— 

CHAPTER I. 

Prbliminabt. 

1. (i) This^Act may be called the Cantonments Act, 1889, 
(2) It extends to the whole of British India; ' and 

(d) It shall come into force on such day' as the Governor General in Titles ertent 
Council^ by notification in the Gazette of India^ appoints in this behalf. menoemeiit. 

2. (i) On and from that day the enactments specified in the schedule are BepeaL 
repealed to the extent mentioned in the third column thereof : 

{2) But all orders^ declarations, rules and regulations made, directions^ 
licenses and permits given, taxes imposed and notifications published under 

> For Statement of Objects and Beasons, »ee Gazette of India, 1889, Pt. V. p. 100 ; for Beport 
cf the Seloi t Committi'e, »eg ibid, p. 183 ; nod for Proceedings in Council, see ibidf Pt. VI, 
pp. 108 and 136, and ibid, 1889, Ft. VI, pp. 189 and 166. 

This Act has been <iec1ared in force in Upper Borma (except the Shan States) by the Burma 
Laws Act, 1898 (XIII of 1898). 

The Act has been applied to British Baluchistan by Beg. I of 1890, s. 8, as amended by 
the British Baluchistan Forest Regulation, 1890 {V of 1890), printed, Baluchistan Code, EoL 
1890, pp. 169 and 103, respectively ; it has been applied to the Agency Territories by the Baluchis- 
tan Agency Laws LH\y,1890, printed, ibid, p. 187, and by Notification No. 9|-E. A., dated 24th 
January, 1898, we Gazette of India, 1898, Pt. I, p. 81. 

It ins been applied with modifications, by notifications under ss. 4 and 6 of the Foreign Juris- 
diction and Kxiradition Act, 1879 (XXI of 1879), printed. General Acts, Vol. Ill, to the following 
British Cajttonments in Native States, namely: — 

(1) Sikaadarabad (Hyderabad State), »e0 Notification No. 1374-1., dated 25th April, 1892, 

Gazette of India, 1890, Pt. I, p. 262, as amended 
hy Notification No. 1811-1. B., dated 1st July, 
1898 ; ihid, 189Q, Pt. I, p. 704; . 

(2) Bf how andore State) • O 

!8) Neemuch (Gwalior State)* .(set Macpherson's Lists of British Enaetments in 
4) Nowgong rChhatarpor in Bun- C force in Native States, Central India, Ed. 1898* 

delk hand). ) pp. 102, 146 and 162, respectively ; 

(5) Disah (PnUnpnr State) • • ) «m Macpherson's Lists of British Enactments in 

(61 Bhnj (Cntch State) . . V force in Native States, Western India, pp. 214, 

(7) Baroda (Baroda State) . .) 234 and 847, respectively. 

■ The woris " iu' lusive of Upper Burma," were repealed by the Fifth Schedule to the Bunna 

Laws Act, 1898 (XIII of 1898). r^ J • « "«ni» 

• The 1st January, 1890« Msaazet te of In^ 1889, Pt. J, p. 678. 



536 Cantonments. [1889 : Aot XIIL 

(Ckap. L^-- Preliminary. See. 3.) 

any enactment repealed by this Act or under any enactment repealed by any 
enactment repealed by this Act^ and all limits defined as the local limits of a 
cantonment with the approval of the Governor General in Council or a Looa 
Government before the passing of this Act^ shall be deemed to hare been 
respectively made^ given^ imposed and published^ and to have been defined, 
under this Act. 

{3) Any enactment or document referring to any enactment repealed by 
this Act^ or to any enactment repealed by any enactment repealed by this 
Aot^ or to any regulation of the Bengal, Madras or Bombay Code respect- 
ing the fixing of the local limits of cantonments and military bazars, 
shall, 80 far as may be, be construed to refer to this Aot or to the corre- 
sponding portion thereof. 
Inteipreta- 3* {!) In this Aot and in the rules thereunder, unless there is something 

repugnant iu the subject or context,— 
(a) *' officer '^ means— 

{%) a person who, being an officer within the meani ng of the 

Army Act,^ is commissioned and in pay as an officer ^^^^^« 
doing military duty with Her Majesty's regular forces 
as defined in that Act or as an officer doing such duty in 
any arm, branch or part of those forces, and 
{it) a person doing military duty as a warrant officer with those 
forces or wibh any arm, branch or part thereof, whether 
be is or is not an officer within the meaning of the Army 
Aot:i 
(i) '' soldier '' means a person who is a soldier of Her Majestv's re<^ular 
forces within the meaning of the Army Act,* and is not an 
officer within the meaning of this Act : 
(e) '* spirituous liquor " means any fermented liquor, any wine, any 
alcoholic liquid obtained by distillation , and the sap of any kind 
of palm-tree, and includes any other liquid consisting of or oon« 
taining alcohol which the Local Government, with the previous 
sanction of the Governor General in Council, may, by notification 
in the official Gazette, declare to be a spirituous liquor for the 
purposes of this Act : 
{d) " intoxicating drug '' means opium, ganja, bhang,chara9 and every 
preparation and admixture thereof, and includes any other intoxi- 



^ The figure! " 1881 " were repealed by the Repealing and Amending Aefc, 1801 (XII of' 
1891), printed. General Aets, Vol. YI, Ed. 189& For the Army Aot, #m Sapnlementl to thii 
CoUeotion of Statutes relating to India» Ed. 1881, p. 22. ^ ' 



1889 : Aot XIIL] Cantonments. SS7 

CCAap. 11. — Cantonme»iii and Cantonment Autiorities, Courts and Police. 

See. 4.) 

eating sabstance or liquid which* the Local Government, with the 
previous sanction of the Governor General in Council, may, by 
notification in the official GazettCi declare to be an intoxicating 
drug for the purposes of this Act : and 
{e) *' owner " includes the person who is receiving or entitled to reoeiye 
the rent of any building or land, whether on his own account 
or on behalf of himself and others or as an agent or trustee^ 
or who would so receive the rent or be entitled to receive it if the 
building or land were let to a tenant, 
lolisa^ (^ "^^^ provisions of the General Clauses Acts, 18681 and 1887 ,i 

shall^ so far as they can be made applicable, apply to all rules which may be 

made under this Act by the Governor General in Council. 

CHAPTER II. 
Cantonmbnts and Cantonmbnt AuTHoarriBB, Courts and Pouob. 

Cantonments. 

4. (i) The Local Government, with the previous sanction of the Gover- i>efiniti<m of 
. . oaotsamtnla. 

nor General in Council, may, by notification in the official Gazette, declare 

any place in which any of Her Majesty's regular forces are quartered within 

the territories administered by such Government to be a cantonment for the 

purposes of this Act and of all other enactments fpr the time being in force,' 

and may withdraw any such declaration.'' 

{S) The Local Government, with the like sanction, may also, by a like 

notification, define the limits of any cantonment for the like purposes.^ 

^ 8€e now the General Clauses Act, 1807 (X of 1897), ss. 20 to 24^ printed. General Aetf, 
VdL VL 

' For notifications declaring places to be cantonments in — 

(i) the Bombay Presidency, tee Bombay List of Local Bnles and Ozdert, VoL I, Ed. 180^ 

p. exxxT I 
(2) Burma, »ee Burma Laws List, Ed. 1897, p. 294 3 

\B) Central Provinces, tee Central Prorinees List of Local Rules and Orders, Ed. 1896^ 
p. 257 ; 

(4) North- Western Provinces and Oudh, see the North- Western Prorinoes and Ondh List 

of Local Holes and Orders, Ed. 1894, p. 127. 
' For instance of notification withdrawing a declaration as to a place being a cantonment, see 
Bnnna Gazette, 1888, Pt. I, p. 126. The notification is kept in force by s. 2 (2) of this Act 
^ For notifications defining the limits or fixing the boundaries of cantonments in — 
, (1) Assam, eee Assam Mannal of Local Kules and Orders, Ed. 1898, pp. 270, 271 and 278 

to 275 1 
(9) the Presidency of Pombay, eee Bombay List of Local Bnles and Orden, Vol I, Ed. 
* 1896, pp. exzxT and cxxxri ; 

(0) Burma, eee Burma Laws List, Ed. 1897, p. 294 % 

(4 Central Provinces, tee Central FMvinoes List of Local Bnles and Orders, Ed. 1896, 
pp. 251 and 257 ; 

(5) Madraii, eee Madras List of Local Bules and Orders, Vol. I, Ed. 1898» p. 288 ; 

(6) North-Westem Provinces and Ondh, eee North-Western Provinces ana Oudb List of 

Local Bules and Orders , Ed. 1894, pp. 127 to 180. 

TOL. T. Z 2 






898 

(Ckmp. h. 



CanUmmemU. [1889: Act XIIL 

--CanionmemU mwd CanionmetU AytioriHei^ CourU and toliee. 

SscK 6-8.) 



Caatonment 

anihority 

ndMngla- 

tnte. 

Oftntonment 

MiihorUy. 



Cantonment 

Magiatraie. 



Cantonment Authoritie9 and Magistralei. 

6* For every canionment beyond the limits of a presideocy-town there 
shall be a cantoDmeut authority and a Cautonment Magistrate. 

6* (i) The expressioQ ''cantonment anthority" aa used in thia Act 
means a eantonment committee or, in the ease of a cantooment for which 
aoeh a committee haa not been ooostitated^ the comn»anding officer of the 
esntoDment, 

{S) The Local Goyernment shall determine, with respect to every canton- 
ment in which troops are for the time being qaartered, whether or not a eau- 
tonawnt committee is to be constitated.^ 

{S) The cantonment authority shall be deemed to be a local aathoritj 
as defined in the ^ Local Authorities Loan Act, 1879^ ^ [the Cattle-trespass Jlaiisn* 
Act, 18 71 J the Indian Telegraph Act, 1885/ and the General Clauses Act, xniol 
1887 * ^^®*- 

7. The Cantonment Magistrate shall be a Magistrate appointed by the 
Local Government under section 12 of the Code of Criminal Procedure, Xotl88S. 
1882,* and, as such, subordinate to the District Magistrate or to the District 
Magistrate and the Subdivisional Magistrate, as the case may be, under 
section 17 of^tharti Code. 



ApiKnntment 
of Canton- 
nMnt Magii- 
trateaa 
Judge of 
Cantonment 
Court of 
Small Gai 



Cantonment\Conri^qf Small Camea. 

8. (J) When the Local Government appoints the Cantonment X 
to be the Judge of a Court of Small Causes established within a cantonment 
under the Provincial Small Causes Courts Act, 1887,7 it shall, in its order IX of 1887* 
appointing him to be such Judge, declare, and may by notification in the 
official Gazette vary, within a limit of five hundred rupees^ the value of the 
suits which are to be eogniaable by him under that Act. 

(2) The provisions of section 15y sub-section (S), of the said Act shall 
not apply to a Court of Small Causes of which a Cantonment Magistrate is 
the Judge. 



^ For instance of the iseue of sacli a notiflcation, tee North- Westom Prcvincea and Ondh 
LIsI of T.oeal Rules and Ordcn, Ed. 1894, p. 180. 

■ Printed, General Acti, Vol. III. Ed. 1898, p. 259. 

* The worda *' the Cattle-trespaw Act, 1^71," were Mibstitiited for tho worda «* Act XVIII of 
1883 (to amend ike Caiile-ireepaee AH, lh71)/* by 1. 11 of the Okttle-trespaM Act (1871) Amend- 
ment Act. 1^91 (I of 1891) For Act I of 1871, $ee General Acts, Vol. II, Rd. 1898, p. 183. 

< Printed, euprm, p. 11. 

* &!« BOW the Qeat-cal Claoies Act 1897 (X of 1897), a. 3 (28), printad, Qenenl Act»> Vol. VI. 

* See now the Code of Criminal Procadara, 1898 (Act V of 1898). 
' Printed, eupra, p. 188. 



r 



}689 : Act XIIL] Canto%meni$. S89 

(Ckap, ll.—CanhumenU nmd Cautoument Au^AorUies, Courts and Polige. 

Sea. 9-18 J 

9. When the Loeal Government appoints an Additional Judge of a Court Appointmeiii 
of Small Causes, of which a Cantonment Magistrate is the Judge, it shall, in Jn^^rf"^ 
its order appointing him to be such Additional Judge, declare, and may by c^^T*"* 
notification in the official Gazette vary, within a limit of fifty rupees, the Small CaoMfc 
value of the suits with respect to whioh the functions of the Judge of the 

Court m*y be assigned to, and discharged by, the Additional Judge under 
IX Hi 1867. section 8 of the Provincial Small Cause Courts Act, 1887.^ 

10. Every Cantonment Magistrate presiding over a Court of Small Jndgesof 
Causes in a cantonment fit the commencement of this Act, and every tonmmft^"*' 
Assistant Cantonment Magistrate then having any of the powers of the g^^^'p' 
Judge of such Court, shall be deemed to have been appointed Judge and 
Additional Judge, respectively, under section 6 and section 8 of the Provin- 

IX €f 1887. cial Small Cause Courts Act, 1887,i aiid in the absence of any order of the 

I/oosl Government to the contrary to have jurisdiction with respect to all 
suits which are cognisable by a Court of Small Causes under that Act and 
of which the value does not exceed, in the case of a Cantonment Ma^'istrate. 
five hundred rupees and, in the case of an Assistant Cantonment Magistrate, 
fifty rupees. 

11* A Cantonment Magistrate as Judge of a Court of Small Causes mav ContiniiAiiM 
whatever may be the value of the suits cognizable by him as such Judge, tion otCv^ 
dispose of 4kny suit whioh wfl» within the pecuniary limits of the jurisdiction ^^"^ 
of tiie Judge presiding over the Court at the time of the institution of the Small CaoBM 
suit, and may entertain and dispose of any proceeding after decree in any ^aea not^ 

such suit. withs^ndinr 

jariidictton 
Cantonment Police. of Judge. 

12, (i) The police-force employed in a cantonment beyond the limits of Police, 
a presideney-town shall, for the purposes of Act XXIY of 1859 ' {for the 
ietter regulaiion of the police within the territories suifect to the Presidency 
iff Port 8t. George) or Act V of 1861* (/or the regulation of Police) or the 
oorresponding law for the time being in force in the territories administered 
by the Gkvemor of Bombay in Council, as the case may be, be deemed to be 
part of the general polioe-establishment under the superintendence of the 
Local Government in whose territories the cantonment is situated. 

' Printed, »upra, p. 128. 

* Printed, Madras Code, Ed. 1888, p. 139. 

< Printed. General lets, ToL I, Ed. 1898, p. lii. 



640 Cantonmenti. [1889 ; Act XIIL 

(Chap. Ill.^^Spirituoui liguofi and Inioxieating Drugt. Sea. 18-14.) 

(8) The area comprised within the limits of a cantonment shall be 
deemed to be a town for the purposes of section 34 of Act V of 1861.^ 



Unanthoriied 
nleof 8plri- 
taous licmor 
or intoxicat- 
log drug. 



Unauthoxised 
poisesnon 
ct >piritaoii8 
liquor. 



CHAPTER III. 
Spirituous Liquobs and Intoxioating Dbugs. 

18. If within a cantonment, or within such limits around a cantonment 
as the Local Government may, by notification ' in the official Gazette, pre- 
scribe in this behalf^ any person not subject to military law or any person 
subject to military law otherwise than as an officer or soldier knowinorly 
barters, sells or supplies^ or offers or attempts to barter, sell or supply 
any spirituous liquor or intoxicating drug to or for the use of any European, 
soldier, or to or for the use of any European or Eurasian being a follower 
or a soIdier^s wife, without the written permission of the -commanding officer 
of the cantonment or of some person authorised by the commanding officer 
to grant such peimission, he shall be punished with a fine which may extend 
to one hundred rupees, or with imprisonment for a term which may extend 
to three months, or with both. 

14. If within a cantonment, or within such limits around a cantonment 
as the Looal Government may, by notification in the official Gazette, prescribe 
in this behalf, — 

(a) any person subject to military law otherwise than as an officer or 

soldier, or 

(b) the wife or' servant of any such person or of a soldier, 

has in his or her possession except on behalf of the Government or for the 
private use of an officer more than one quart of any spirituous liquor other 
than fermented malt-liquor without the written permission of the commanding 
officer of the cantonment or of some person authorised by the commanding 
officer to grant such permission, he or she shall be punished in the case of a 
first offence against this section with fine which may extend to fifty rupees, 
and in the case of a subsequent ofience against this section with fine which 
may extend to one hundred rupees or with imprisonment for a term which may 
extend to three months. 



^ Printed, General Act^ Vol. I, Ed. 1898, p. 144. 
* For Dotifioations isened nnder s. 18 in — 

(2) the Bombay Preddeney, tee Bombay List of Looal Bales andOrdere, Vol. I, Ed. 189&, 

p. oxxzT and czzxyI $ 
(2) Burma, see Bnrma Gazette, 1896, Pt. I, p. 186 ; 

IS) North-Weetem ProTincee and Ondb, eeeJSoTth'Westem Pronncee and Ondh List of 
Looal Enlee and Orders, Ed. 1894, pp. 180 and 181. 



1889 : Act XIII.] Cantonvtentt. 841 

(Ckap. III. — Spiritmoui Liquon and Intoxicating Drugs, Sees, 15-16^ 
Chap* IV* — Taxation and Cantonment Fund. See. 17.) 

15. (1) Any police-officer may, without an order from a Magistrate and pergom and 

without a warrant, arrest any person whom he finds committing an offence '^^T'^^ 

against either of the two last foregoing sections, and may seize and detain of thingi for 

any spirituous liquor or intoxicating drug in respect of which such aji ags^^tU 

offence has been committed, and any vessels or coveringrs in which the liquor ^^ ^ 
■.,.,' ^ f oregomg 

or drug is containedt lections. 

(9) Where a person accused of an offence against section IS has been 
previously convicted of an offence against that section, an officer in charge of 
a police-station may, with the written permission of a Magistrate, seize and 
detain any spirituous liquor or intoxicating drug within the cantonment| 
or within the limits prescribed under section 13, which at the time of the 
alleged commission of the subsequent offence belonged to, or was in the pos- 
session of, the person. 

(3) The Court convicting a person of an offence against section 13 or sec- 
tion 14 may order the confiscation of the whole or any part of anything seized 
under sub-section (i) or sub-section {JS). 

(^ Subject to the provisions of Chapter XLIII of the Code of Criminal 
X of IStt. Procedure, 1882,^ anything seized under sub-section (i) or sub*section {2) 
and not confiscated under sub-section (d) shall be restored to the person from 
whom it was taken. 

16. The foregoing provisions of this Chapter shall not apply to the sale or 8*X^^ ^ 

^ ftrfiioloB sold 

supply of any article for medicinal purposes by. a medical practitioner, chemist or rapplud 

% • J. for me^Qdnal 

or druggist. jmrpowT^ 



CHAPTER IV. 
Taxation and Cantonmbnt Fund. 

Taxation. 



17. (i) With the previous sanction of the Governor General in Council, General 

the Local Government may, by notification in the official Gazette, E^mti ^ 

(a) impose in any cantonment which is not included in a municipality 
any tax which, under any enactment in force at the date of the 



' 8w now the Code of CriminAl Prooedure, 1898 (Act V of 1898). 



S4S 



Cantonmenti. [1889 : Act XIII 

(Chap* IV.'-^Taxation and Cantonment Fund. See. 18.) 



Sxiennon of 
AcfeXXof 
1866 to cer- 
tain oanton- 
laents. 



notification^ can be imposed in any municipality within the terri<» 
tories administered by sach Government,^ and 
{h) abolish or modify any tax so imposed. 

{2) When any tax is leviable in a cantonment in parsaanoe of a notifica- 
tion under sub*section (I), the Local Government, with the like sanction, may^ 
by a like notification, apply or adapt to the cantonment the provisions of any 
enactment or rules in force at the date of the notification for the assessment 
and recovery of any tax in any municipality within the territories adminis- 
tered by such Government. ' 

18« (i) The Local GoTernment may, by notification in the official Gazette^ 
extend the provisions of Act XX of 1856 > {to make ietfer pfovieion for ike 
appointment and maintenqfgee of PoUee Chauiidar9*in Citiee, Towns, Stations, 
Suburbs and Bazars in the Presidency ef Part William im Bengal) to 
any cantonment which is not included in a municipality and which 
is situated in any part of British India in which that Act is in force^ 
and the Cantonment Magistrate may exercise all the powers of the Magistrate 
under that Act, subject only to the control of the District Magistrate and the 
Local Government. 

(;?) The Local Government may order that a cantonmeht to which the 
provisions of Act XX of 1866 ' have been extended shall be divided into any 
ntunber of cantonment divisions, and may determine the nature of the tax to- 
be levied in each such division according to section 10 of that Act. 

{S) The Local Government may, by notification in the official Gassette,. 
cancel any notification under sub-section (i), and may revoke or vary any 
order under sub-section (;?) . 



^ For notifications impodng taxes in cantonments in — 

(i) Asmm, %€% Assam Manual of Local Bnles and Orders, Ed. 1894, pp. 268 and 269 ; 

(2) Bombay Presidency^ 969 Bombay List of Local Bnles and Orders, VoL I, £d. 1896, pp^ 

cxzzYii and ozxxviii ; 
(5) Bnrma^ 999 Burma Laws List, Ed. 1897, p. 296 ; 

(4) Central Frovinoes, 999 Central Frorinces List of Local Bnles and Orders, Ed. 1896, ppw 

258 and 254 to 266, 

(5) Madras, ma Madras List of Local Rules and Orders, Vol. I, Ed. 1898, p. 298 ; 

(0) North- Western Proyinces and Oudh, 999 North- Western Froiinces and OucUi List of 
Local Bnles and Orders, Ed. 1894, pp. 181 to 141 ; 
* For notifications prescribing rules for the assessment and recoyery of taxes imposed in can* 
lonments in — 

(i) the Bombay Fresidency, 999 Bombay lost of Local Bnles and Orders, YoL I, Ed. 1896^ 

pp. csxxix and cxl ; 
(9) bnrma, 999 Burma Laws List, Ed. 1897, pp. 296 and S98 ; 

(6) Central Frorinces, 999 Central ProTinces List of Local Bnles and Ordexi, Ed. 1896, 

258 to 266 ; 
(4) Madras, 99e Madras List of Local Bnles and Orders, Vol. I, Ed. 1898, pp. 283 and 289 j 
(ff) North- Western Proyinces and Oudh, 999 North-Western Proyinces and Oudh list of 
Local Bnles and Orders, Ed. 1894, pp. 181 to 141. 
'Printed* Punjab Code. Ed. 1888, p. 15. North- Western Proyinces and Ondh Cod^ B<^ 
1898» p. 78^ rnd Ajmere Code, Ed. 1898, p. 27. 



1889 : Act XIII.] CatUonmenit. S4A 

(Chap. ir.—Taxatwm and Cantonme^i Fund. Aea. 19-21.) 

19. While a tax aasessed aoooriding to the circutustaooes^ and the property Bcrtrifltton 
to be protected, of the persons liable tberetOy or according to the annual value jLS^^in' 
of homes and grounds^ is levied under Aot XX of 1856 ^ in a cantonment^ oantonments 

X J** m • t , •% ^ which Art 

a tax on persons practising any profession or art or carrying on any trade or xx of 1866 
oaOiog, or a tax on buildings and lands, as the case may be, '[shall not be *' "^ '^''"^ 
leviable in the cantonment in paasaance of a notification under section 17 of 
this Act]. 

20. (i) Notwithstanding anything in any enactment for the time being Power to 
in force, the (rovernor General in Council may, by notification in the SOTi5*i!wn 
Gazette of India, prohibit the levy of the whole or any part of any tax tuanm. 
imposed in a cantonment/ or exempt any person by name or in virtue of his 

effiee or any olaas of persons,^ or any property or a^y class of property,* from 
the operation of any such tax, and may, by a like notification, rescind any 
anch prohibition or exemption* 

(S) Where the area, subject to the authority of a municipal committee as 

XI of 1881. defined in section 2 of the Manicipal Taxation Act, 1881/ includes the whole 

or part of a cantonment, notliing in section 4 or section 5 of that Act or in 

any other like enactment for the tine being in force shall apply to so much of 

that area as ii comprised in the cantoament. 

Cantonment Fund. 

21* (i) There shall be formed for every cantonment which is not indnded Ouktonment 
in a municipality a cantonment fund, and there shall be placed to the credit ° 
thereof, among other sums, the following, namely :— - 

(a) subject to deductions nnder section 645 of the Code of Criminal 
Xofl88s Procedure, 18sH2,7 or under any other enactment for the time 

being in force, or under any order of the Local Government, all 
fines recovered from persons convicted of offenoes committed 
within the cantonment against this Act or against any eiiactmeat 

^ Plrinted, Panjab Code, Ed. 18>58, p. 15, North- Western Provinoet and Oadh Code, iid. ltS9i, 
p. 76, and A jmere Code, £d« 189S. p. 27, 

' Tbese words were tobetitated for the words " shall not be imposed nnder section 17 of this 
Aot in the cantonment" by the Bepeafing and Amending Act, 1801 iXIi of 1891), prn*ed, Qenaral 
▲eta. Vol. VI. This amendment is to have affect as from the commencement of Act XIII of 18Sfl. 
iSm a. 2 (8) of Act XII of 1891. 

' For notification exempting from octroi-dntj, fodder brought into cantounents for wm of 
Katiye Sillahdar Cavalry Uegiments, t<# Gazette of India^ 1896, Pt. I, p. 76. 

^ For notification exempting certain persons when on dnty in cantommenta brongla nnte the 
Dpention of a Moxudpal Act, from certain taxes, ue Gasette of India» 1881, Pt. I, p. 758. The 
notification is kept in force by s. 2 (^ of this Act. 

Vor notification exempting departmental and honaiary commissioned and warrant officers and 
departmental non-commissioned officers from the conserranoy tax imposed in oantomnents in 
Banna, «m Gazette of India, 1895, Pt I, p. 722. 

* For notification exempting honses in certain cases from lioose-tax, «sa Gazette tif la^, 
189^ Pt I, p. 402. 

• Printed, General Acts, Tol. Ill, Ed. 1898, p. 278. 

f flesiiow the Code of Criminal Procednre^ 18i^8 (Act V of 1898). 



<*6 Canhnmenti. [1889 : Aot ZIIL 

fCiap. F.'^SuppIemenial FrwriMtom. See. 26.) 

{13) the definition and abatement of Buisanees for which sufficient pro* 
vision has not, in the opinion of the Oovemor General in Coundl^ 
been made under section £5 ; 

{13) the requisitions wftioh may be made on persons having the control 
of sewers, drains, latrines or other thing^s creating, or likely to 
create, nuisanoesi and the mode of enforcing such requisitions; 

{14) the prevention of the overcrowding of buildings and places in a can- 
tonment ; 

{15) the construction and maintenance, to the satisfaction of the canton- 
ment authority, of buildings and of boundary walls, hedges and 
other fences ; 

{16) the regulation of the practice of agriculture and irrigation in a 
cantonment, the keeping of lands therein in proper order, and the 
felling, lopping and trimming of trees on such lands ; 

{17) the regulation of encamping-grounds,^ sarais, markets and slaughter- 
houses, of traffic on roads, and of processions and public assemblies ; 

{18) the use and mai\agement of burial and burning grounds ; 

{19) the supervision and the regulation of the use of public wells, tanks, 
rivers, streams^ springs or other sources from whichi water is or 
may be made available for public use, and of the lands in the 
vicinity thereof ; 

f^Cf) the parts of a cantonment in which persons practising any profes- 
sion or carrying on any trade, calling or occupation may be 
required to reside for the purpose of practising the profession or 
carrying on tlie trade, calling or occupation, and the conditions, 
if any, to be observed by such persons ; 

(SJ) the prevention of the spread of infectious or contagious disorders 
within a oantoument, and the appointment and regulation of hos- 
pitals or other places within or without a cantonment for the 
reception and treatment of persons sufEering from any disease ;' 

{^2) the segregation in, or the removal and exclusion from, a canton- 
ment, or the destruction of animals suffering or supposed to be 
suffering from any infectious or contagious disease ; 

{23) the suppression of mendicancy and of loitering or importuning for 
the purpose of prostitution, and the removal and exclusion from 
a cantonment of disorderly persons, of persons who have been 
convicted of any offence against Chapter XVII of the Indian 



^ Jtot ipedal Aot for the regalatioa of publie mnioL, mm Mdb XXII of 1867, printed, Qeaonb 
VoL I, Bd. 1898. p. 628. 
' Por rolot of this iiatare, «#• Gazette of InflU, 1897, Pt I, p. 941, 



1889 : Act XIIL] Cauionmenit. 34T 

(Chap. V. — Supplemental Provisiims, Sec. 87.) 

XLT of 1800. Penal Code,* or Section 156 of the Army Act, *• or have been ordered 

if»**^"*" under the Code of Criminal Procedure, 188V to execute a bond 

X of 1888. for their good behaviour, and of persons whom the commanding 

officer deems it expedient to exclude from the cantonment with or 
without assigning any reason for excluding tbem therefrom ; 
{24) the prevention of cruelty to animals and the care oE animals while 

grazing ;* 
{85) the prevention and extinction of fires ; 
{86) the res^istration of births and deaths ; 

{87) the appointment by owners of buildings and lands in cantonments, 
who are absent from cantonments, of persons residing within or 
near cantonments, to act as their agents for all or any of the pur* 
poses of this Act or any enactment extended or rule made there* 
under ; 
{88) the powers of inspection, entry and search which may be exercised 
in carrying out any of those purposes, and the cases in which 
breaches of enactments extended or rules made under this Act are 
to be cognizable offences ; 
{89) the mode in which sammonses, notices, requisitions and other 
documents are to be served on the persons to whom they are 
addressed ; ^ 

{30) the cases, authorities and conditiqns in, to and on which executive 
orders passed under this Act or anj enaotmeut extended or rule 
made thereunder may be appealed from ; and, 
{31) generally, tiie carrying out of the purposes of this Act. * * *b Supplemental 
27« (i) The power to make rnles under the last foregoing section is sub- respecting 
ject to the condition of the rules being made after previous publication and of ^ ' 
their not taking effect until they have been published in the Gazette of India 
and in such other manner as the Governor General io Council prescribes. 

{8) A rule under the last foregoinir section may be general for all canton- 
ments in British India or for all cantonments not expressly excepted from its 
operation, or may be special for the whole or any part of any one or more 
than one cantonment, as the Governor General in (Council directs. 

^ Printed, General Acts, Vol. I, Ed. 1898, p. MO. 

* The fignres *' 1881 *' were repealed by the Repealing and Amending Ac^ 1891 (XII cl 
1891), printed, Oeneral Acts, Vol. VI. For the Army Act. see Supplement to the CoUeotion of 
Statutes relating to India, Ed. 1881, p. ^. 

* 8m now the Code of Criminal IVooedare» 1898 (Act V of 1898). 

^ For special Act for the prevention of eradty to animals, ^m Act XI of 1890, priaitad, 
imfra, p. 466. 

* The proviso which was added after cL (81) 1^ the Cantonments Act Amendment A«t, 1896 
(V of 1896), s. 2, was repealed by the Cantonments Act, 1897 (XV of 1897), printed, Oeneiml Acts, 
YoLYI, Ed.l89& 



848 



CantonmenU. [1889 : Act XIII. 

(Clap, y ^'^Supplemental Pronisi&ns. Sees* 28'80»J 



BxteD^on of 
eertalnen- 
aetmenU and 
roles tc 
places be- 
yond flanton- 
ments. 



Inapplicabi- 
U^of seo- 
tlon 666» 
Act X, 
1882, to 
trials of 
offences 
against 
this Act. 



Cantonments 
in presidency- 
towns. 



(d) A copy of the roles for the time being in force in a oantonnimt shall 
be kept open to inspection free of charge at all reasonable times in the office 
of the Cantonment Magistrate. 

{4) In making any rule nnder claase {13) or any of the following clauses 
of the last foregoing section^ the Governor Ghneral in Council may direct 
that a breach of it shall be punished with fine which may extend to fifty 
rupees^ or with imprisonment for a term which may extend to eigbt days^ andj 
when the breach is a continuing breach, with fine whioh^ in addition to such 
fine or imprisonment as aforesaid, may extend to five rupees for every day 
after the first during which the breach continues, 

28. The Local Government may, by notification in the official Gazette, 
and subject to any conditions as to compensation or otherwise which it may 
see fit to impose^ extend to any area beyond a cantonment and in the vicinity 
thereof— 

(a) any enactment which, with or without restriction or modification, 
has been extended to the cantonment or any part thereof under 
section 25, or 

(i) any rule in force in the cantonment or any part thereof under clause 
(13) or any of the followiiiof clauses of section 26, as well as any 
direction there in force under sub-seotion (4) of section 27 j 

^ and the enactment, rule or direction specified in the notification shall, so 
long as the notification remains uncancelled, apply to that area as if the area 
were included in the cantonment.i 

29. A Judge or Magistrate shall not be deemed within the meaning of 
section 555 of the Code of Criminal Procedure, 18S2,' to be a party to, or xof 
personally interested in, any prosecution for an offence against this Act, or 
against any enactment extended or rule made thereunder, because he is a 
member of the cantonment committee or, where there is no such committee, 

is the commanding officer of the cantonment or because he has ordered or 
approved the prosecfUtion. 

80. Where a cantonment is situated within the limits of a presidency- 
town^ the functions assigned to any authority by this Act or any enaotment 
extended or rule made thereunder shall, subject to the provisions of any 
enactment for the time being in force, be discharged by such authority as the 
Local Government may appoint in this behalf. 



^ For instances of notifications issn^ under the power conferred by this section, «m Bnrma 
Laws last, Ed. 1897, p. 800 ; and Korth-Western ProTioces and Ondh List of Local Bales and 
Ozders. Ed. 1894, pp. 141 and 142. 

S4€ now the Code of Criminal Plrocednre, 1898 (Act V of 1898). 



1889 : Act XIIIJ Canionmenti. 349 

(Chap. v. — Supplemental ProvUions. Sees, Sl-SS.J 

31. A suit or proBOOution shall not be enter taiued in any Coart against Proteetionof 
any cantonment anthorifcy^ aathority appointed under the last foregoing i^^thonty, 
section. Cantonment Ma<ristrate for commandinfir, medical or other oflBcer] ^ Ml^Ji■ipate 
for anything in good faith done or purporting to be done in pursuance of mancUog 
powers eonferred by or under this Act on such authority^ Magistrate or 

officer^ whether the thing done was or was not authorised by the powers so 
conferred. 

32. (i) Section 54, paragraphs 2 and 8, and sections 59^ 107 and 123 of BegUtiatiGn.. 
IT oC 1882. the Transfer of Property Act^ 1882|' with respect to the transfer of pro- 
perty by registered instrument, shall, on and from the commencement of this 

Act, extend to every cantonment in British India, 

(2) Where a cantonment has not been constituted a sub-district or district 
IIoll097. for the purposes of the Indian Registration Act, 1877,* under section 9 of 
that Act, the Registrar of the district in which the cantonment is situated 
shall cause a copy of such entries in Indexes Nos. I and II as relate to 
immoveable property within the limits of the cantonment to be forwarded to 
the Cantonment Magistrate annually or at such shorter intervals as the 
Local Government may prescribe. 

83. The Governor General in Council may, by notification in the Gazette Limitetion of 
of India, exclude from the operation of the whole or any part of this Act of^bfi^ActT^ 
the whole or any part of any cantonment. 



^ These words were sabititnted for the words " or comnuindiiig officer ** by s. 8 of the Can* 
tonmentt Act. Amendment Act, 1897 (XV of 1897), printed. General Acts, Vol. VI. 
* Printed, General AdJ, Vol. IV, Sd. 1898, p. 40. 
X * Printed, General Acts, Vol. UI, Ed. 1898, p. 41. 



450 



Canionmemti. [1889 : Act XIII, 

(TAe SehedtiU. £na§im§wtt repealed.) 



THE SCHEDULE. 



Enactments bbpbalbd. 



{See eection 8.) 



Nnmbor wkI jmt. 



Sabjtct or title. 



BKtant of ftpMl. 




Aet XYin of 185S 



IMlVoflSM 



^ Act XLY of 1860 



*ActVof 18«9 



• Aft Vn of 1870 



» Act XV of 1874 



\Aot XX of 1876 



Aete of tie Oovernor General in CouneiL 



Sale of fpiziis in oaatoa< 
ments. 

Seateaoe^ of Superintend- 
ents of Bazais. 

Indian Penal Code 



Indian Articles of War 



Court-fees Act, 1870 



Laws Looal Extent Act, 
1874. 



Central Provinces Laws 
Act, 1876. 



The whole, so far as it has not been 
repealed. 

The whole, so far as it has not been 
repealed. 

The words " or before a Military Court 
of Bequest*' in Explanation 1 to 
section 198. 

Part III, clause {e) : and for the last 
twenty-seven words of Part I, clause 
(f)t the following shall be substitut- 
ed, namely : — 

and officers in charge of the police in 
cantonments are defined and 
troUod." 



. I Section 19, clause iv, and in Sohednle 
I II, article 1, clause (a), the words " or 
to any Cantonment Masistrate flitting 
as a Court of Civil Judicature under 
Act No. Ill of 1869." 



M 



So much of the second schedule as re- 
lates to Madras Begulation XIV of 
1832 : so much of the third schedule 
as relates to sections 18, 19» 20, 46, 46 
and 47 of Bombay Begulation XXII 
of 1827 : and so much of the fourth and 
fifth schedules as relates to Bengal 
Begulation XX of 1810. 

So much as relates to Bengal Begpilatioa 
XX of 1810. 



1 Printed, Genwal Acti. Vol. T, Ed. IfKiS. p. 3«). 

> Pilnt«d. Otntral Ao^. Vol. II. Ed. ISM. pp. 88. IM snd 483, rMpMtiTely. 

* Printsd, Contnl ProrlnoM Codt. M. 1801, p. 78. 



1889 : Aet XIII.] CantonmeuU. 351 

fTk0 Schedule. EnaetmenU repe&led.J 

THE SCREDUUR—eoniinued. 



NnmlMY Md jetr 


Sobjtot or tltlt. 


Exuat of repeal. 


1 


S 


8 



Aete of the Oovemor General in G)i^»(;i7.— concluded. 



>Aok XVIII of 1876 . 



* Aot III of 1877 



» Aofc XIV of 187» 



Aofe III of 1880 



« Aoi XXII of 1881 . 



« Act X of 1882 



«Aot;XIV 0^1882 



7 • 



Oadh LawB Art, 1876 



Indian Registration Act* 
1877. 



Haokney-canlagf Act, 
1879. 



CantonmentB Act, 1880 

Excise Aet, 1881 • 

Code of Criminal Prooed- 
iire»1882. 

Code of Civil Prooednie . 



So mnch as relates to Bengal Beffols- 
tion XX of 1810. 



The second paragraph of section 9, begin- 
ning with the word " Whenever " and 
ending with the word ** thereof." 



Section 4, from and indnsiYe of the 
words " and the Governor General in 
Conncil maj " down to and indnsive 
of the words '* in which British tioopa 
are cantoned "• 



So mnch as has not been repealed. 



The proviso to section 6S* 



Olanse (h) of section 1. 



Section 6, olanse (a), the words '* an 
officer or" in section 468, and the 
whole of section 469. 



Regulation of the Bengal Code. 



Begnlation 
1810. 



XX of 



Military Bazars 



So mnch as has not been repealed. 



1 Printed. North- Weetem ProTlnoei and Ondh Oode, Ed. 1882, p. Sli. 

• Printed, General Aeta, Vol. Ill, Ed. 1B98, p. 41. 

s Printed. Puojab Code, Ed. 1888. p. IM, Barna Code. Ed. 18S8, p. 84. Central Provineee Code. Kd. 1881 

{u 94. North* Weaten Provlnoea and Uadh Code, Ed. 188^ p. 861^ Cooiy Code, Ed. 1883, p. 81, AJmei* Code Ed 
888. p. 80. ' * 

« Thie let haa bow been entirely repealed by the Exoiae Act, 1886 (XII of 1888). 
> Bepealed by the Code of Criminal Proeedare, 1888 (Aet V of 1888). 
« Prtntod. General Acta. Vol. IV, Ed. 1888, p. 881. 

7 The reference to the Upper Bnnna Lawa Aet, ISSS (XX of 1888), has been rrpealed by the Burma Lam Aa# 
1888 (illl of 1888). aee the Fifth Sehedile. **'" ^^ 



SS2 



CoHUmmemiM. [1889 : Art XSXL 

(The Schedule. Enaetmente repealed.) 

THE SCHBDXTLE— «>fi^f«rffti. 




Sztant of repeaL 



Rfgulaiion ofiihe Bombay Code. 



»Eegnkiami XXII of I Military authority 
1827. 



So much as has not heen repealed, eroept 
sections 40, 41. 4^ and 43. 



Ade of the Governor of Port 81. George i% Couneil 
Act IV a£ 1865 • f Madias Cantonments 



Act I o£ 1866 . 



Aei ni of 1867 



Madras Cantonments 



Thewhole, so fsr as ft has not been 
repealed* 

go mneh as has not been repealed. 



Act of the Governor of Bombay in Couneil. 



• I Bombay Cantonment Act 
of 1867. 



So much as has not been repealed. 



Act of the Lieutenant'Oovernor of Bengal in ConneiL 
« Act Vn of 1878 . Bengal Excise Act, 1878 . The proriao to section 81. 



Begulalion under the Statute 33 Vidoria, Chapter 3. 



» ni of 1877 



Ajmere Laws Begnlaldony 
1877. 



Section 89 and so mach as relatoa t<> 
Bengal Begnlation XX of 1810. 



1 Printed. Bombay C^ode, Vol. I. Ed. 1«W. p. » 
• Printed. Bengal Code. Vol. 11. Ed. 180(', p. S06, 
s Printed. Ajmere Code, Ed. 1688, p. 186. 



1889 : Act ZV.] Offieial 8eeret$. 8S8 

(8€C9. I'S.J 



ACT No. XV OP 1889.1 

[17th Oetober, 1889.] 

An Act to prevent the Disclosure of Official Documents and 

Information. 

Whbrbas it 18 expedient to prevent the discloeare of offioial doeaments and 
information ; It is hereby enacted as follows : — 

1. (i) This Act may be called the Indian Offioial Secrets Act, 1889; Titu. eiimt 

J (3). It extends to the whole of British India and applies— 

(a) to all subjeots of Her Majesty within the dominions of Princes and 

States in India in alliance with Her Majesty, and 
(i) to all Native Indian subjects of Her Majesty without and beyond 
British India. 

2. In this Act^ unless there is something repugnant in the subject or DeflniiioDi. 
context|— 

(i) any reference to a place belonging to Her Majesty includes a place 

belonging to any department of the Oovernment, whether the place 

is or is not actually vested in Her Majesty ; 
(3) Expressions referring to oommunications include any oommunication, 

whether in whole or in part, and whether the document^ sketch, 

plan^ model or information itself or the substanoe or efEeot thereof 

only be communicated : 
(5) '' document " inclades part of a document : 
{4) ''model'' includes design, pattern and specimen ; 
(5) '* sketch '' includes any photograph or other mode of representation 

of any place or thing : and 
{6) '* office under Her Majesty '' inclades any office or employment in or 

under any department of the Gh>vernment. 
8* {^ (fl) Where a person for the purpose of wrongfully obtaining IMioloran*«f 

mm,- tafb nn at i oa* 

mformation— 

(i) enters or is in any part of a place belonging to Her Majesty, 



1 For SUtemcni of Objects and Beasoni, wee QweMe of India, 1889, Ft. V, p. 200 } sod for 
Prooeediogiin Conncil, tee ihid, Pt VI, pp 167 nnd 176, 

Tfaia Act bM been declaied in force in Britisb Balnebistan by the Brititb Balnebiftaa Lawi 
BegnUtion, 1890 (I of 1890), s. 8. printed. Balnebistan Code, Ed. 1890, p. 69. 

Tbe Act bas been declared in force in Upper Burma (except tbe t>ban States) by tba Bnmia 
Lawt Act, 1898 (XIII of 1898), 

It bad been prerionsly extended tbei« nnder s. 6 of tbe Schednled IXitrieto Act, 1874 (XI? 
of 1874), eee Buraa Oaiotte, 1808, Ft. 1, p. 154, 

VOL. V, % 



ffi4 O^Iom/ 8«eret$. [1889 : Aot ZV. 

C8ec. 3.J 

being a fortreiB, arBenal, faotoiy, dockyard^ oamp, Bhip, office 
crotber like place, in wbioh part be is not entitled to be, or^ 

(ii) wben lawfully or unlawfully in any such place as aforesaid, either 
obtains any document, sketob, plan, model or knowledge of 
anything which he is not entitled to obtain, or takes without 
lawful authority any sketch or plan, or, 

(iii) wben outside any fortress, arsenal, factory, dookyaid or oamp 
belonging to Her Majesty, takes or attempts to take without 
authority given by or on behalf of Her Majesty airf sketch or 
plan of that fortress, arsenal, factory, dockyard or camp, or 

(6) where a person knowingly having possession of or control over, any 
such document, sketch, plao, model or knowledge as has been 
obtained or taken by means of any act which constitutes an offence 
against this Aot at any time wilfully and without lawful authority 
communicates or attempts to communicate the same to any person 
to whom the same oug-ht not, in the interest of the State, to be 
communicated at that time, or 
(0) where a person after having been entrusted in confidence by some 
oflSoidr under Her Majesty with any document, sketch, plan, model 
or information relating to any such place as aforesaid, or to the 
naval or military affairs of Her Majesty, wilfully and in breaeh of 
such confidence communicates the same when, in the interest of the 
State, it ought not to be communicated, 

he shall be punished with imprisonment for a term which may extend to 
one year, or with fine, or with both. 

(j9) Where aperson having possession -of any document, sketch, plan, 
model or information relating to any fortress, arsenal, factory, dockyard, 
camp, ship, offioe or other like place belonging to Her Majesty, or to the 
naval or military affairs of Her Majesty, in whatever manner the same has 
been obtained or taken, at any time wilfully communicates the same to any 
person to whom he knows the same ought not, in the interest of the State 
to be communicated at that time, he shall be liable to the same punishment 
as if he committed an offence under the foregoing provisions of this section* 

(A) Where a person oommite any aot declared by this section to be an 

offence, he shall, if he intended to communicate to a foreign Steto any 

information, document, sketch, plan, model or knowledge obtained or taken 

. by him, or entrusted to him, as aforesaid, or if he communicates the same to any 

agent of a foreign State, be punished with transportation for life or for anj 



1699 ( Act ZV. ] qgkial a$er$U. 866 

tenn not lees tban five yearsi or with imprisonmeDt for a term whioh may 
extend to two years. 

4. (i) WheM a person, by means of bis bolding or having held an oflBoe Breteh ot 
nnder Her Majestyi has lawfully or unlawfully either obtained possession of 

or control over any document, sketch, plan or model, or acquired any inform** 
ation, and at any time corruptly or contrary to his official duty communi- 
cates or attempts to communicate that document, sketch, plan, model or 
information to any person to whom the same ought not, in the interest of the 
State, or otherwise in the public interest, to be communicated at that time, he 
shall be guilty of a breach of official trust. 

(9) A person guilty of a breach of official trust shall— 
(a) if the communication was made or attempted to be made to a 

foreign State, be punished with transportation for life or for any 

term not less than five years, or with imprisonment for a term 

which may extend to two years, and 
{b) in any other case be punished with imprisonment for a term which 

may extend to one year, or with fine, or with both, 
{3) This section shall apply to a person holding a contract with any 
department of the Government, or with the holder of any office under Her 
Majesty as sueh holder, where such contract involves an obligation of 
secrecy, and to any person employed by any person or body of persons hold- 
ing such a contract, who is under a like obligation of secrecy, as if the person 
holding the contract and the person so employed were respectively holders of 
an office under H6r Majesty. 

5. A prosecution for an offence against this Act shall not be instituted Bcrtrielloo 
axcept by or with the consent of the Local Government or of the Governor 2!L?""*"" 
General in Council. 



t2 



'^ • • 



ibi 



lunaiie Mflimt. 
(See. 1.) 



[1889: AotZt. 



Bobdtilllttfll 

of new teo- 

tioiilor 

•eeHonlTl. 

186a. 

ProTirion 
forprorinoet 
hanog in- 
mflUdent oir 
aoMiyliima. 



ACT No. XX OF 1889.^ 

\l3tk December, i88d.] 

An Act to amend Act XXXYI of 1868.' 

Whbbiab it is expedient to extend the authority of the Governor General 
in Connoil with respect to the appointment of asylams for the reception and 
detention of lanatios and with respect to the transfer of any lunatic from any 
one to any other lunatic asylum in British India ; It is hereby enacted as 
follows :— 

1. For section 17A of Act XXXVI of 1858 ^ {an Act relating to Lnnatie 
^iy/«iiii), asamended by Act XVIII of 1886 (a«^^^^9 amend Act XXXVI 
of 1858) the following shall be subetituted, namely :— * 

" 17 A. In either of the following cases^ namely : — 

(a) when an Execntive Government has not established within its limits 

a public asylum for the reception and detention of lunatics, 
(i) when it appears to the Governor General in Council that a public 
asylum established within such limits is not conveniently situated 
with respect to any part of the territories administered by such 
Government or does not afford sufficient or^ in the case of any 
class of lunatics, suitable accommodation^ 
the Governor General in Council may from time to time appoint an asy- 
lum in any part of British India beyond the limits of such Government to be 
an asylum to which any Magistrate or Judge exercising jurisdiction within 
those limits may sind lunatics or any class of lunatics as to an asylum 
established under this Act for the division in which his jurisdiction is 
situate/' 

> For Statement of Objects and Bea8oni« «•• Qasette of India, 1889, Pt. V, p. 181 ; for Report 
of the Select Committee, see ibid, p. 207 t uid for ProoeecUogi in Conncil, «m ibid, Pt. VI, 
pp. 148, 145 and 195. 

The Act is in foroe in the Goi1p4ra District (ezolnding the Sastem Dvirs) as being part of 
Act XXXVI of 1868 which was eitended thereto nnder s. 6 of the Sohedaled Districts Act. 1874 
(XIV of 1874), by Notification Ko. 1242- J., dated 1st April, 1897, se€ Assam Code, Bd. 1897* pp. 
709 & 714; in British Balachistan, in which Act XXXVI of 1868 was declared in force by the 
British Baluchistan Laws Begnlation, 1890 (I of 1890), printed, Balnchiitan Code, Kd. 1890. p. 
69 ; in the Angnl District, in which Act XXXYI of 1858 was declared in force by tiie Angol 
IHstrict Regulation, 1894 (I of 1894) 

It has been declared in force in the Santh&l Parganas by notification nnder s. 8 of the San- 
th41 Pftrganas Settlement RegnUition (III of 1872), as amended bv the Santh^l Parganas Laws 
B^alaHon, 1886 (III of 1886), m^ Calcnttn G.sette. 1895, Pt I, p. 810. 

The Act is in force in Upper Burma (except the Shan "^tates) as being part of the original 
Aet| XXXVI of 1858, declared in fcce there by the Hnrma Laws Act, 1898 (XIII of 1898). 

It had been previously extended there by notification under s. 5 of the Scheduled Distoicts Act, 
1874 (XIV of 1874), printed. General Acts, Vol. II, Bd. 1898, p. 467, n§ Gaiette of India. 1892, 
1^ I n. 94. 

**Ainted» GenenJ Aote, Vol. I, Bd. 1898, p. 156. 



I88d : Aot XX.] lunatic Asylum. (See. 8.) 8(7 

1890 : Aot I«] BevenM Eeeovery^ fSea. US.) 

2. After section 17B of the said Act XXXVI of 1858, the following Addition of 

section shall be added, namely :^* after Mctton 

17B, kf^ 

1868. 

*' 17C. Any lunatic may be removed from any luntftio asylam established ?"*2^^ 
or licensed nnder this Act^ by order of an Executive Oovernment^ to any one aqrlnm 
other such asylum within the limits of such Government, and, by order ot ^ * 
the Governor General in Council^ to any other Hsylum in any part of British 
India/' 

8. [JRefiial of section II, Act of XXXFI of 1858.] Sep. by the Bepealiny 
and Amending Act, 1891 (XII of 1891). 



ACT No. I OF 1890.1 

[ISh February, 1890.] 

An Aot to make better proviaion for reoovering certain public 

demands. 

Whvbbas it is expedient to make better provision for recovering certain 
public demands ; It is hereby enacted as follows :^- 
^ 1. (i) This Act may be called the Revenue Recovery Act, 1800. Title»exltDi 

{2) It extends to the whole of British India, ****** and British nenoenuat, 
Baluchistan ; and 

{3) It shall come into force at once. 

2. In this Aot, unless there is something repugnant in the subject or DeABitiom* 
context,^ 

(i) '^ district " includes a presidency-town : 

(8) '* Collector '' means the chief officer in charge of the land-Mvenne 
administration of a district ; and 

(3) *' defaulter '^ means a person from whom an arrear of land>revenue 
or a sum recoverable as an arrear of land-revenue, is due^ and includes a 
person who is responsible as surety for the payment of any such arrear or sum. 

3« (i) Where an arrear of land-revenue, or a sum recoverable as an arrear Beeofwy of 

1 For Stetement of Object* and Bomodi, te« Gssette of India, 1887> Pi. V, p. ISS | for Report 
of the Select Committee, see ibid, 1890, Pt. V, p. 11 ) and for Proceedings in CooncU* «m ihid, 
1887, Pt. VI, pp. ee and 87, and ibid, 1890, Pt VI. pp. 7 and 18. 

This Act naa been declared in force in the Santhkl Farganaa by notifloation nnder a. 8 of the 
Santhil Parganas Settlement Hegulation (III of 1872) ai aiuendeti by the SantUil Purganaa Lawa 
BegnlaUon, 1888 (III of 1888). Ma CalcatU Gasette, 1898 Ft. I, p. 448. 

It baa been declared in force in the Angnl biatrict by the Angnl Diatriot Regn]ation» 1894 
(1 of 1894). 

It haa been declared in force in Upper Bnrma (except the Shan Statea) by the Bnnna Laws 
Ae^ 1888 (XllI of 18^8). 

* The worda ^ indnaire of Upper Burma*' were repealed by the mfth Sohedale to the Bwma 
Laws Aot, 1888 {XOl of 1898). 



^mmmtM 



8fe8 



pablio 4^-. 
mftnda by 
enfoQoemeDi 

ofther^ di»- 
tiioti mHui 

bebome wy- 
ftble. 



B«medy 
ttftUaUeto 
ponon deny 

top»y 
amonnl re- 
oorerad 
ondar Iftft 
forMjoliig 
Motion* , 



fiocoreiyby 
CoUeofcon of 
BumBre- 
oorerftbloM 
of 



(8te9. 4fS.) 



[1890: Aofel. 



TOTOiiaeby 
other pnbilo 
oiBoen or by j 
local anthor* 
Itlee. 



Proper^ 
HiUetoiale 
midtfibii 
▲ot 



of laiid>revenue> is payable to a Collector by a defaulter being or having 
property in a dLstriot other than that in which the arrear accrued or the gam 
is payable^ the Collector may send to the Collector of that other district a 
certificate m the form as nearly as may be of the schedulci stating— 

(a) the name of the defaulter and such other particulars ^ may be 

necessary for his identification! and 
(i) the amount payable by him and the acoonnt on which it is due, 

(j9) The certificate shall be signed by the Collector making it^ and, eave 
as* otherwise provided by this Act, shall be conclusive proof of tha matters 
therein stated. 

(5) The Collector of the other district shall^ on receiving the certifioatCi 
proceed to recover the amount stated therein as if it were an arrear of land- 
revcQue which had accrued in his own district. 

4* (i) When proceedings are taken against a person under the last fore- 
going section for the recovery of an amount stated in a certificatci that person 
may^ if he denies his liability to pay the amount or any part thereof and pays 
the same under protest made in writing at the time of payment and ngned 
by him or his agent^ institute a suit for the repayment of the amount or the 
part thereof so paid. 

[8) A suit under sub-section (i) must be instituted in a Civil Court 
having jurisdiction in the local area in which the office of the Collector who 
made the certificate is situate^.and the suit shall be determined in accordance 
with the law in force at the place where the arrear accrued or the liability for 
the payment of the sum arose. 

(5) In the suit the plaintiff may, notwithstanding anything in th^ last 
foiegoing section, but subject to the law in force at the place aforesaid^ give 
evidence with respect to any matter stated in the certificate. 

5. Where any sum is recoverable as an arrear of land-revenue by any 
pubUc officer other than a Collector or by any local authority, the Collector 
of the district in which the office of that officer or authority is situate shall, 
on the request of the officer or authorijiy, proceed to recover the sum as if it 
were an arrear of land^revenue which had accrued in his own distxiot, and may 
send a certificate of the amount to be recovered to the CoUeotpr of another 
district under the foregoing provisions of this Act, as if the sum were pay- 
able to himself. 

Q. {1) When the Collector of a district receives a certificate mder tliia 
Act, he may issue a proclamation prohibiting the transfer or chargii^ of any 
immoveable property belonging to the defaulter in the district. 



1890 : Aet L] Benenue Be^Offeiy. 869- 

fSece. 7^.J 

(9) The Collector may at any time^ by order in writing, withdraw the 
proclamation, and it shall be deemed to be withdrawn when either the amount 
stated in the certificate hae been recovered or the property has been BoLi for 
the reoovery of that amoant. 

(d) Any private alienation of the property or of any interest of the defauU 
ter therein^ whether by sale, gift, mortgage or otherwise, made after the issue 
of the proolamation and before the withdrawal thereof, shall be void as against 
the Government and any person who may pavohase the property at a sale 
held for the recovery of the amoant stated in the certificate. 

(4) Subject to the foregoing provisions of this section, when prooeedings 
are taken against any immoveable property under this Act for the recovery <»f 
an amount stated in a certificate, the interests of the defaulter alone therein 
shall be so proceeded agfftinst, and no incumbrances created, grants made or 
contracts entered into by him in good faith shall be rendered invalid by reason 
only of prooeedings being taken against those interests. 

(ff) A proclamation under this section shall be made by beat of drum or 
other customary method and by the posting of a copy thereof on a oonspio- 
uous place in or near the property to which it relates. 

7. Nothing in the foregoing sections shall be construed— « SaTliiff of 

(a) to impair any security provided by, or aflFect the provisions of, any JSSiljrto 
other enactment for the time being in force for the recovery of t^^^'^* 
land-revenue or of sums recoverable ,as arrears of land-revenue, 
or 

(i) to authorise the arrest of any person for the reeovery of any tax pay* 
able to the corporation, commissioner, committee, board, oouneil or 
person having authority over a munieipaUty under any enactment 
for die time being in force* 

8. When this Act has been applied to any local area which is under the Reoomy 
administration of the Qovemor General in Council but which is not part of ]^j^^ 
British India, an arrear of land-revenue aocruing in that local area^ or a oertein pub- 
sum recoverable as an arrear of land-revenue and payable to a CoUeotor or arirfng 
other public officer or to a local authority in that local area» may be recovered sStifh 
under this Act in British India.^ India. 



*■ For notUlflStton applying the Aot to all tenitoriM whioh aro under tbe adminiirtnition of the 
Qovemor Oenexal in Coancil mtt whioh are not part of British In^ including the teniioflet tar 
the time being adminiatered by the Agent to the Qovemor General in Balnehietan aa moh Igent, 
eee Ko. 1416.1., dated 80th April, 1890, printed* Weatem India ydlnma of MaephflEaen'i Liata of 
Britiah Bnastmaata in foroe in Natiye SUtea» Sd. 1896, ju 986, 



From 
To 



860 Revenue Becopery. (The Schedule.) [1890 : Aot I« 

Probate and Admnuiration. [1890 : Aot II. 

THE SCHEDULE. 

CBBtmoATl. 

[See action 3, eub-eection {!).] 

The Collector of 

The Collector of 

Dated the of 18 • 

The earn of Re. ie payable on 

account of by 

^ son of , resident 

of t who is believed (to be 

at ) (to haye property oonsisting 

of at ) in your 

district. 

Subject to the provisions of the Revenne Recovery Act^ 1890, the aaid 
sum is recoverable by you as if it were an arrear of laud-revenne which had 
aocrned in your own district^ and yon are hereby desired so to recover it and 
to remit it to my office at 

At Sm^ 

Collector of 

ACT No. II at 1890.1 

[WA Feifuary, 1890.] 

jLnAot to amend Acts XVn of 1864,' X of 1865/ II of 1874' 

and V of 1881.* 

Whiriab it is expedient to amend Aot XVII of 1864' (a» Jet to conttitmt« 

1 Short title, " The Protwte vid Administration Act, 1890/' tee the Indian Short Titles Ael» 
1897 i^XlV of 1897). General Aets, Vol. YI 

For Statement of Ohjeets and Reasons, ms (iasette of India. 1H89, p. 196 ; for Bepozi of the 
Select CommUtee. eee ibid, 1890, Pt. V, p 15 s for Proceedings in Conncil, eee^ibid, 1889, Pt. YI, 
pp. 145 and 149, and ibid. 189o, Pt YI, p. 16. 

8s. 9 to 16 of the Act have been declared in force in the Santh^l Parganas bj notification 
nnder s. 8 of the Santhil Parganas Settlement Begulation (III of 1872) as amended bj the 
8anth£l Parganas Laws Regulation, 1886 (HI of 1886), printed, Bengal Code^ Bd. 1889, p. 5979 
ess Calcutta Oaiette. 18»^ Pt. I, p. 448. 

So far as tbis Act amends Acts X of 1866, II of 1874, and Y of 1881, it is in force in Upper 
Bnrma (except the Shun States) as being pari of those original Acts, declared in force there by 
the Horma Laws Act, 1898 (XIII of 189M), »se the First Schedule to the Act. 

The whole Act, n of 1890, however, as a separate Act had heen previovlj extended there by 
notifioatioD nnder s. 6 of the <^hodaled Districts Act, 1874 (XIY of 1874), printed, Gkoieral Acts, 
Yol. II, Bd. 1898, p. 467, see Oaseue of India, 1892, Pt. I, p. 94. 

So far an it amend* the ^dministnitor General's Act, 1874 (II of 1874), it has heen extended to 
the Shan States, see the Shan States Laws and Criminal Jnitice Order, 1896, Bnrma (ialett^ 1896» 
Ft 1, p. 262. 

* Printad. 0«Dena Aots, Yd, I, Bd. 1898 pp 440 and 468, respeoliTely. 

• PAoted, General Acts, Vol. II, Bd. 1»9S, p. 419. 
« Pimted, Genenl Acts, YoL III, Bd. 1898, p. 889. 



1890 : Act IL] Probate and Adminutratipn. 861 

(Sees. l-B.J 

Xoll86f. '* QS^^ ^f P^^' Triutei\i the Indian Sacoession Aot^ 1866,^ the 
II of 1874 Administmtor Oenenre' Aot, 187 V ^Qd the Probate and Administration 
y of 188L Act, 1881 ;* It ifl hereby enacted as follows :— - 

Ad Xril of 1864.^ 

1. In section 1 of Act XVII of 1864^ before the definition of the expres- Idditionio 
sion/' High Conrt ^\ the following shall be inserted^ namely :— ^ ^^ xVu* 

1864. 

'< The word * GoTemment ' shall mean, in relation to the Presidency of ** Qoreni- 
Fort William in Bengali the Oovernor General in Conncil ; in relation to the 
Presidency of Fort St. George, the Governor of Fort St. George in Council ; 
and in relation to the Presidency of Bombay^ the Governor of Bombay in 
Conneil :'\ 

8* After section 1 of the said Act the following shall be insertedi lni«rttonof 

I new leetton 

namely — after section 

1, Act XVIIp 
1864 

'' 2. In this Act references to the Presidency of Fort William in Bengab ConBtmetioii 
the Presidency of Fort St. George and the Presidency of Bombay shall, as to F^esiden- 
regards all persons for whom the Governor General in Coancil has for the ^^^* 
time being power to make laws and regulations^ be read as references to the 
Presidency of Bengal^ the Presidency of Madras and the Presidency of 
Bombay, respectively, as those expressions are severally defined in the law 
for the time being in force relating to the oflice and duties of Administra* 
tor General/' 

3. For section 5 of the ^said Act the following shall be substituted. Svbititiiiloii 
namely :— tion for leo- 

tioD 6. 

" 6. Every Official Trustee appointed under this Act shall be appointed Appointment^ 
and may be suspended or removed from his office by the Government/' wd^S^ 

of Offieial 

4, In section 6 of the said Act, for the words «• Chief Justice by whom Amendmeot 
be is appointedi'' the word '' Government '' shall be substituted. ^^ "^^t^ 

Act J^y AM^ 
1864« 

6. For the portion of section 7 of the said Act beginning with the words Ameodmeut 
'*It shall be lawful for the Chief Justice of the High Court'' and ending ll^^'^n ^' 
with the words '' it shall be lawful for the Chief Justice to appoint some ^^^ - 



^ Printed* Qeoeral Aete» Vol. I, Ed. 1808, pp. 440 and 468, 

s Printed, Oeoeral Aots, Vol. II, p. 419. 

i Printed, Oeneial Aet^ Vol. IIL Bd. 1898. p. 8S0. 



tes 



Prob4tt0 ami Jdminiiifmiiim. 

(8069. M.) 



[1890: Art H. 



Addtttato 
■eettonli, 
AetZYII, 
1864w 



Additloiiiof 
leelaoiiBto 

Adxyn, 

1864, 

CompliAi^se 
with reqidd* 
tionifor 
rotunuu 

IHTidonof 
th^Pred- 
den^of Foii 
Wimamin 
Bengal into 
Provbioefl^ 



person io oflioiAte at Official Tniatee '^ the f oQowiag shall be Babetiioted, 
namely :Ǵǥ 

'^ It shall be lawful for the Qovernment from time to time to grant leave 
of absence to the Official Trustee, but subject always to such and the like rules 
as may be for the time being in foree as to leave of absence of officers attach- 
ed to theJHigh Court. Whenever any Official Trustee shall obtain leave of 
absenooi it shall be lawful for the Government to appoint some person to 
officiate as Official Trustee/' 

6. To section 11 of the said Aet the CoUo wing shall be added, namely :— 

'^ Provided that the High Court, by its order appointing the Offieial 
Trustee to be trustee of such property, may, for special reasons to be recorded 
by the Court, direct that the Official Trustee shall be entitled by way ef 
remuneration in respect of the capital moneys, sums and rents aforesaid, or 
any of them, to a oommiseion at rates or a rate to be specified in the order and 
exceeding the rates or rate hereinbefore in this section prescribed/^ 

7. To the said Apt, after section 32, the'foUowing shall be added, 
namely ^-* 

'' 83. The Official Trustee shall comply with such requisitions as may be 
made by the Government for returns and statements, in such form and 
manner as the Gt)vernment may deem proper. 

'^ 34. (i) Notwithstanding anything in the foregoing provisions of this 
Act, the Governor General in Council, upon the occurrence of any vaoancy in 
the office of the Official Trustee of Bengal, may, by notification in Uie 
Oaaette of India,— 

(a) divide the Presidency of Fort William in Bengal into so many Frov* 
inoes as he thinks fit, 

(&) define the limits of each of those Provinces, and 

(i^) appoint an Official Trustee for each Province, and, subject to the 
provisions of this section, the following consequences shall there- 
upon ensue, namely :— 

(i) the office of Offieial Trustee of Bengal shall cease to exist : 

(ii) the Official Trustee of a Pk'ovince shall have the like rights and 
privileges, and perform the like duties, in the territories and 
dominions included in the Province as the OfiSknal Ttustee of 
Bengal had and performed as Official Trustee therein : 

(iii) the^functions of the Government under this Act shall, as regards 
the territories and dominions included in the Province, be dis- 
charged by the Governor General in Council : 



1890 1 let IL] PtohOe and AdminittraUon. S08 

(Bee. 8. J 

(iv) the fanetionf of whatsoever kind assigned by the foregoing prori* 
sions of this Act to the High Court of Judioatuie at Fort 
William in Bengal in respeot of the territories and dominions 
included in a Province shall be discharged by snoh High Conrt 
^ as the Qovernor General in Council may, by notification in 

the Gazette of India^ appoint in this behalf: 

(y) i^ the foregoing provisions of this Act, the word ' Presidency ' shall 
be deemed to include a Province, the expression ' Chief Justice' 
the Chief Justice^ senior Judge or sole Judge, as the case may be^ 
of a High Court appointed by the Governor General in Councnl 
under clause (iv) of this sub-seotioni and the expression ' Advo- 
cate General ' a Government Advocate or other officer appointed 
by the Governor General in Council to discharge for a Province 
the functbns under this Act of an Advocate General for a Presi- 
dency ; and, 

(vi) generally^ the provisions of the foregoing sections and of any other 
enactment for the time being in force with respect to the Official 
Trustee of Bengal shall, in relation to a Province, be construed, so 
far as may be^ to apply to the Official Trustee appointed for the 
Province under this section. 

(8) Any proceediog which was commenced before the publication of the 
notification dividing the Presidency of Fort William in Bengal into Provinces^ 
^nd to or in whieh the Official Trustee of Bengal in his representative charac- 
ter was a party or was otherwise concerned, shall be continued as if the noti- 
fication had not been published, and the Official Trustee of the Province in 
which the Town of Calcutta is comprised shall for the purposes of the proceed- 
ing ba deemed to be the successor in office of the Official Trustee of Bengal^ 
and shall hold and execute the trusts of which immediately before the publi- 
cation of the notification the Official Trustee of Bengal was trustee in all 
reppeeta as if he were such successor. 

(fl) The Court of the Recorder of Rangoon shall be deemed te he a High 
Court for the purpoees of clause (iv) of sub-eection (!)• '' 

3, Btery person holding the office of Official Trustee at the commencement ooeial 
of thia Act shall be deemed to have been appointed under Act XVII of 1864 ^SJJJVmo. 

as amended by this Act. at oomnieDoe* 

of this 



864 



ProhaU and Adminuttatiim. 
(8ec$. 9-11.) 



Cl8dO : Act n. 



Addiii(m of 
new fection 
after ieetion 
826» Aefc X, 
1866. 

Transfer of 
•Mett from 
Britiflb India 
toeiecator 
or adminii* 
tmiorin 
conntiy of 
domioue for 
dirtrUmtion* 



Amendment 
of definitioDe 
of '«Pred- 
denoyof 
Bengkl " and 
" Pretidenflj 
of Bombay^' 
in Motion 8, 
Aet II, 1874. 

Sabftitntion 
of new pisa* 
irnph for 
first para* 
graph of 
section STy 
Act II, 1874. 



The Indian Sueeeision Jet, 1866. ^ 

0. After gection 826 of the lodian Saooesgion Aet, 1866,^ the following XoCI8e6» 
ghall be insertedi namely :— 

** 826A. Where a person not having hig domicile in British India has 
died leaving assets both in British India and in the country in which he had 
his domicile at the time of his death, and there have been a grant of probate 
or letters of administration in British India with respect to the assets there 
and a grant of administration in the country of domicile with respect to the 
assets in that country, the executor or administrator, as the case may be, in 
British India, after having given such notices as are mentioned in section 820 
and after having discharged, at the expiration of the time therein named, 
such lawful claims as he knows of^ may, instead of himself distributing any 
surplus or residue of the deceased's property to persons residing out of British 
India who are entitled thereto, transfer, with the consent of the executor or 
administrator^ as the case may be, in the country of domioilei the surplus or 
residue to him for distribution to those persons, '' 

The Administrator Oeneral^e Aet, 1874. > 

10. lu clause {b) of the definition of the expression '^ Presidency of 

Bengal " in section 8 of the Administrator General's Act, 1874, the word n of 1874 
" Burma '' shall be substituted for the words '* British Burma ", and to 
clause (a) of the definition of the expression '* Presidency of Bombay *^ in the 
same section of that Act the words ^^ and under the administration of the Chief 
Commissioner of British Baluchistan '^ shall be added. 

11. (i) For the first paragraph of sectioo 87 of the said Act, as amended 

by section 6 of the Administrator Generars Act, 1881, beginning with the IXoClSSt 
words ** If in oases falling within section 86 '' and ending with -the words 
<^ as if such letters had been granted to him,'' the following shall be snbati- 

tuted, namely : — 

^' If, in cases falling within section 86, no person claiming otherwise thftii 
as a creditor to be entitled to a share of the elEects of the deceased obtains, 
within three months, a certificate from the Administrator General under the 
same section, or letters of administration to the estate and effects of the 
deceased, and such deceased was not a Hindu, Muhammad An^ Parsi or Buddhist^ 
or exempted under the Indian Succession Act, 1866,* gection 882, from the X of 1866. 



> Printed, Geneml Acts, VoL I, Ed. 1898, p. 468. 
* Printed, Gen iml Acta, VoL II, Kd. 1896, p. 419. 



1890 : Act nj Probate and Adminiifraiion. 866 

(8ee$. 12-13.) 

operation o( that Aet^ the Administrator General may administer the 
estate and effects without letters of administration, in the same manner as if 
each letters had been granted to Um ;'^ 

K of 1881. (2j Jfcjptfo; of part of $. 5 of ike Adminidrator General's Act, 1881 {IX 

of 1881). Bep. by tie Repealing and Amending Act, 1891 (XII of 1891). 

12, After section 41 of the said Act the following shall be inserted, Addition of 

I new Bection 

namely :— i^tor lectioa 

41, Act II« 

^'41 A. Where a person not having his domicile in British India has Transfer of 
died leaving assets both in British India and in the country in which he had ^^^?^riti^ 
his domicile at the time of his death, and proceedings for the administration ^^^"^ to 

I of his estate with respect to assets in British India have been taken under ad^iinistrator 

section 36 or section 87, and there has been a grant of administration in the domlcUe^fo? 
oonntry of domicile with respect to the assets in that country, tlie holder of distribution, 
the certificate granted under section 86 or section 87, or the Administrator 

' General^ as the case may be, after having given such notices as the High 

Court may by any general rule to be made from time to time presoriboi for 
creditors and others to send in to him their claims against the estate of the 
deceased, and after having discharged, at the expiration of the time therein 
named, such lawful chiims as he knows of, may, instead of himself distri- 
buting any surplus or residue of the deceased's property to persons residing 
out of British India who are entitled thereto, transfer, with the consent of 
the executor or administrator, as the case may be, in the country of domicile, 
the surplus or residue to him for distribution to those persons/' 

18. To section 64 of the said Act the following shall be added, namely :— Ad^tion to 
*' The District Judge may cause to be paid out of any property of which ^jj^jj ^^ 
he or such o£Bioer has charge, or out of the proceeds of such property or of 
any part thereof, such sums as may appear to him to be necessary for all or 
any of the following purposes, namely :-« 

(a) the payment of the expenses of the funeral of the deceased and of 
obtaining probate of his will or letters of administration to his 
estate and effects, 

(i) the payment of wages due for services rendered to the deceased 
within three months next preceding his death by any labourer, 
artizan or domestic servant, and 

(c) the relief of the immediate necessities of the family of the deceased, 
mid nothing in section 279, section 280 or section 281 of the Indian Sucoea- 



SM 



Pr»hMt4 and ddminutfaiitn. 
(Sew. 14rl6,) 



C1890tAolII» 



AdAtion to 
fttttVI. 
let II, 1874. 
Compliance 
with requud- 
tious for 
veiofiuk 

Addition to 
A0tn,1874^ 
of ft Part 
retpoetiBg 
the Avirioa 
of the Preai* 
denciyof 
Bengal Into 
FrovinooB. 
Diyiiionof 
thePMI- 
deiM^ of 
Bengal Into 
norinoei* 



nan Aet^ 1866/ or in any othtr law for the time being in foroe with xeqiect X ef 
to rights of priority of creditors of deceased persons^ shall be held to a&ct 
the validity of any payment so cansed to be made." 

14* To Part VI| and after section 66, of the said Act the following shall 
be added, namely :•— 

67 The Administrator General shall comply with snoh requisitions as 
may be made by the OoTernment for returns and statements, in snoh form 
and manner as the Government mny deem proper. ** 

15. To the said Act, after Part VI and section 67 thereof, the following 
shall be added, namely :— 

'* TART VII. 

DiTISION or THB PBSSn>BNCT OF BbNOAL INTO PBOYIVOn • 

68. (i) Notwithstanding anything in the foregoing provisions of thia Act, 
the Governor General in Counoily upon the ocoorrenoe of any vacancy in the 
office of the Administrator General of Bengal, may, by notification in the 
Gazette of India,— 

(a) divide the Presidency of Bengal, as defined in tiiis Aot, into ao OMUiy 

Provinces as he thinks fit, 
{H) define the limits of each of those Provinces, and 
{e) appoint an Administrator General for each Province, 
and, subject to the provisions of this section, the following oonsequoMes shall 
thereupon ensue, namely :— . 

^) the office of Administrator General of Bengal shall eease to exiat : 
^i) the Administrator General of a Province shall have the lyce lights 
ahd privileges, and perform the like duties, in the territories and 
dominions induded in the Province as the Administimtor General 
of Bengal had and perfonned as Administrator General thorain : 
^) the functions of the Government under this Aot shall, as regards the 
territories and dominions inoluded in a Provinoe, be disohaiged by 
the Governor General in Counoil : 
(iv) the functions of whatsoever kind assigned by the foregoing 
provisions of this Aot to the High Court at Calcutta in respeot of 
the territories and dominions included in a Provinoe shall be 
discharged by such High Court as the Governor General in Oouneil 
may, by notifioation in the Gaaette of India, appoint in this behalf, 
and probate or letters of administration gnnted to the Adminis- 
trator General of the Province by the High Court so appointed 



\Fkinto4. 0«B«Hd Aet^, VoL I» p. 468. 



18f 1 let n*]* Proiats and Jdmimiiirathn. M7 

(See. 16 J 

shall have the same effect throagfaoufc the Presidency of Bengali 
as defined in this Act, or, if the Coart so directs, thioughoat 
British India, as^ bat for the abolition of the ofiBce of Administrai* 
tor General of Bengal, probate or letters of administration grant- 
ed to the holder of that office by the High Court at Calcutta 
wonld have had : 
(v) in the foregoing provisions of this Act the word ' Presidency ' shall 
be deemed to include a Province, the expression ' Presidency^town ' 
the place of sitting of a High Court appointed by the Gover- 
nor General in Council under clause (iv) of this sob-section^ and 
the expression ' Advocate General ^ a. Government Advocate or 
other officer appointed by the Governor Gtoneral in Council to 
discharge for a Province the functions under this Act of an Ad- 
vocate General for a Presidency : 
(vi) the provisions of this Act with respect to the commission of the 
Administrator General of Bengal shall regulate the commission 
payable to the Administrator General of a Province, and 
(vii) generally, the provisions of the foregoing sections of this Act with 
respect to the High Court at Calcutta, and the provisions of those 
sections or of any other enactment with respeet to the Administra- 
tor General of Bengal shall, in relation to a Province, be construed, 
so far as may be, to apply to the High Court and Administrator 
General^ respectively, appointed for the Provinee under this seetioB. 
(8) Any proceeding which was commenced before the publioation of the 
notification dividing the Presidency of Bengal into Provinces and to or in 
whioh the Administrator General of Bengal in his representative character 
was a party or was otherwise concerned shall be continued ae if the notifi- 
cation had not been published, and the Administrator General of the Province 
in which the Town of Calcutta is comprised shall for the porpoaes of the 
proceeding be deemed to be the successor in office of the Administrator 
General of Bengal. 

{8) The Court of the Recorder of Sangoon shall be deemed to be a High 
Court for the purposes of clause (iv) of sub-section (i)« 

(^ Notwithstanding any division of the Presidency of Bengal, as defined 
in this Act, into Provinces under this section, the Administrator Genand of 
the Province in which the Town of Calcutta is comprised shall be deemed 
to be the Administrator General for the whole of the said Presidency for the 



26 1( S7 

Tiei.» e. 07. ' purposes of the Regimental Debts Act, 1863,^ 



fj 



> Fnntti, GolUetioB of Strtates rdstfng to IndU, Vol. it, Ed. 1881, p.771. 



86S 



new Medon 
after leotioii 
146,Aety, 
1881. 

Transfer of 
aseefes from 
British India 
to ezecator 
or adminis- 
trator in 
country 
of domicile for 
distribution. 



Amendment 
of section 5 
{8), Act VI, 
1884k 



ProbaU and Jdminiiiration. (B^e. 16.) [1890 : Aot XL 

Indian Steam-iAipi Law Amendment. fSee. l.J [1890: Act III« 



Tie Probate and Aiminietraium Act, 1881.^ 

16. After section 146 of the Probate and Adminiatration Aot^ 1881/ the Vof 1881« 
following shall be inserted^ namely :-— 

'^ 145A. Where a person not having his domicile in British India has 
died leaving assets both in British India and in the country in whioh he had 
his domicile at the time of his death^ and there have been a grant of probate 
or letters of administration in British India with respect to the assets there 
and a grant of administration in the country of domicile with respect to the 
assets in that country, the executor or administrator, as the case may be, in 
British India, after having given such notices as are mentioned in section 189 
and after having discharged^ at the expiration of the time therein named, 
such lawful claims as he knows of, may, instead of himself distributing any 
surplus or residue of the deceased's property to persons residing out of British 
India who are entitled thereto, transfer, with the consent of the executor or 
administrator, as the case may be, in the country of domicile, the surplus or 
residue to him for distribution to those persons,^ 



f9 



ACT No. Ill OF 1890,, 

[Slit Febrmarf, 1890.] 

An Aot to amend Acts VI » and VII of 1884i.» 

Whbbbas it is expedient to amend the Inland Steam-vessels Aot, 1 884, yi of 1884. 
and the Indian Steam-ships Aot, 1884>, in manner hereinafter appearing ; It yxi of 1881 
is hereby enacted as follows :-— 

Inland Steavi'VesteU Act, 1884? * 

1. For the definition of ''inland water ^' in section 5, clause (5), of the 
Inland Steam-vessels Aot, 1884, the following shall be substituted, name- yi of 1884 
ly .— 

'^ {3) * inland water ' means any canal, river, lake or navigable water in 
British India :". 

^ Printed, General Acts, Vol. Ill, Ed. 1898, p. 889. 

> Short titles ** The Indian Steam-Bbipi Law Amendment Aot, 1890," jm the IndOan Sboirl 
Titles Act, 1897 (XIV of 1897). General Acts, Vol. VI. 

For Statement of Objects and Reasons, «m Gazette of India, 1889, Pt. V, p. 164 ) for Bepori 
of the Select Committee, Me ibid, 18»0, Ft. V, p. 65 ; and for Proceedings in CooncU, «m ibid^ 
1889, Pt. YI, pp. 129 and 188, and ihid, 1890, pp. 16 and 20. 

As far as this Act amends the Inland Steam-Tessels Act, 1884 (YI of 1884), It Is in foroe in 
Upper Burma (exoeut the Mian States) as being pnrt of the original Act, declared in fovQe tllBre 
by the hnrma Laws Act, 1898 (XIII of 189^). 

8s. 1 to 14 of the Act had been previondv extended there by notification under s. 6 of the 
Scheduled Districts Act 1874 (XIY of 1874), printed. General AcU. Yol. II, Bd. 1898, p. 4eT. «W 
Gaaette of India, 1891, Pt. 1, p. 664. 

< Printed, General AcU, Yol. lY, Bd. 1898, pp. 718 ancl 740 res^Uvelj, 



1890: Act in.] Indian 8ieqtm'ih%p9 Law AmendmtnU 869 

(Been. 2-4.) 

2. After seotion 8 of the said Act the following^ shall be insertedi luMritoa 
namely :— ?* "•^ ■«»• 

^ tion after 

seo^nS. 

" 8 A. Before a survey under this Act is oommenoed, the owner or master Pece in ro- 
of the steam-vessel to be surveyed shall pay to such officer as the Local Gov* *P^ ^^ 
emment^ from time to time, appoints in this behalf— « 

(a) a fee caloulated on the tonnag^e of the steam-vessel according to the 
rates in the second schedule hereto annexed, or according to any 
. other prescribed rates ; and^ 
{b) when the survey is to be made in any place of survey other than 
Calcutta, Madras, Bombay or Rangoon, such additional fee in 
respect of the expense (if any) of the journey of the surveyor to 
the place as the Local Government, from time^to time, by notifi- 
cation in the official Gazette, directs/' 

3, [Repeal of pari of section 10 (S), Jet VI, 1884.'] Rep. by the Re- 
pealing and Amending Act, 1891 (XII of 1691.) 

4. (i) * * * * * ^ Amendmeat 

(2) To [section 11 of the said Act] « the following sub-seotion shall be ftdn*^^ 
added, namely :— tton li. Act 

<' (^ The Local Government may, from time to time, delegate,-* ' 

(a) with the previous sanction of the Governor General in Council, to any 
person^ by name or as holding an office, the function, assigned to 
the Local Government by sub-section (i), of granting a certificate 
of survey nnder that sub •section; 
ip) of its own authority, to any person, by name or as holding an office, 
the function assigned to the Local Government by sub-seotion {3), 
of causing notice to be given of a certificate of survey being ready 
for delivery : 
Provided, with respect to clause (a) of this sub-section, that no delega- 
tion of the function mentioned in that clause shall be construed to authorise 
the grant of a certificate of survey by the surveyor who gave the declaration 
of survey nnder section 9/' 

6. [Repeal of section 12, Act VI, i884.] Rep. by the Repealing and 
Jmending Act, 1891 {XII of 1891). 



^ Snb-Mo. (i), which repealed the words " fees and other" in s, 11 (i) of the Inland Steam- 
yessels Act. 1884 (YI of 1884), was repenled by the Repealing and Amending Act^ 1891 (XII of 
1891V printed, Gtneral Acts, Vol. VI. 

> The words ** section 11 of the said Act ** were snhstitnted for the words '* the same section " 
Vy the Repealing and Amending Act, 1891 (XXI of 1891). 



S70 



Indian Sleam^sHps Zaw Amendment. [1890 : Act III. 

/8ees.6'14.J 



Amendment 
of section 17, 
Act VI, 
1884. 

Amendment 
of Beotion 19, 
Aet VI, 1884. 



Amendment 
of flection 21, 
Act V], 1884. 



Addition to 
Chapter VII, 
Act VI, 1884. 

Power for 
Local Goy- 
emment to 
make rales 
for protection 
of passengers. 



Insertion of 
new section 
after section 
64, Act VI, 
1884. 

Penalty for 
having exces- 
sive number 
of passengers 
on board. 



Amendment 
of headinff to 
second s(med- 
nle> Act VI» 
1884. 



6. In section 17 of the said Act, between the word " which'' and the 
word '' granted ''y in both places where the expression ^' which granted '^ 
occurs^ the words '' or whose delegate ''shall be inserted. 

7. in section 19, sub-section (i), of the said Act^ after the words ''on the 
application of the owner or master/' the words ''and the pa3'ment by him of 
such fee, not exceeding twice the amount of the fee for the previous survey, 
as the Loeal Government may require," shall be inserted. 

8. In section 21, sub^section (j9), clause (d), of the said Act, for the words 
" for certificates of survey" the words '^ in respect of surveys " shall be sub- 
stituted. 

9. {^Insertion of new section after section 85, Act VI, 1884.'] Bep, by 
the Inland Steam-vessels Act {18S4) Amendment Act, 1891 {XIII of 1891) , 

10. [AmeTidfJtent^of section 26, A ct VI, 1884,"] Sep, by the Inland Steam- 
vessels Act (1884) Amendment Act, 1891 {XIII of 1891). 

11. [^Addition to section 29, Act VI, 1884.'] Hep. by the Inland Steam^ 
vessels Act {i884) Amendment Act, 1891 {XIII of 1891). 

12. To Chapter VII of the said Act the following shall be added^ 
namely :— 

" 51 A. (i) The Local Government may also make rules for the protec- 
tion of passengers in inland steam -vessels, and may by such rules require, 
among other matters, a sufficient quantity of fresh water to be provided free 
of charge in such vessels for the use of passengers, and the prices of passen- 
ger-tickets to be printed or otherwise denoted on such tickets. 

{8) Any rule under this section may contain a provision that any owner^ 
master or passenger committing a breach of it shall be punished with fine 
which may extend to fifty rupees." 

13. After section 54 of the said Act the following shall be inserted^ 
namely :— - 

'' 64(A. If an inland steam-vessel has on board thereof or on or in any part 
thereof a number of passengers which is greater than the number of passen- 
gers set forth in the certificate of survey as the number which the vessel or 
the part thereof is, in the judgment of the surveyor, fit to carry, the owner 
and master shall, for every passenger over and above that number, be each 
liable to a fine which may extend to ten rupees." 

14* In the second schedule to the said Act, for the words and fignres 
^*See section 18 " the words^ figure and letter " See section 8 A " shall be snb* 
stituted. 



l^&O I Act III.] Indian tlieam'ihips Law Amendment. 871 

fSeee. 15-17.) 

Indian Steam-ihipe Ad^ 1884. ^ 
15. After section 10 o£ the said Act the following shall be inserted InfeviUnol 
namely :— after Metion 

10, Act VIL 
* . • . 1884. 

'' 10 A. Before a survey under this Act is commenced^ the owner or master Fees in ro- 
of the steam-ship to be surveyed shall pay to such officer as the Local Govern- ^^^^ys. 
ment^ from time to time^ appoints in this behalf— > 

(a) a fee calculated on the tonnage of the steam-ship according to the 
rates in the schedule hereto annexed or according to any other pre- 
scribed rates ; and 
(5) when the snrvey is to be made in any port of survey other than Cal- 
cutta^ Madras^ Bombay or Rangoon^ such additional fee^ in respect 
of the expense (if any) of the journey of the surveyor to the por^* 
as the Local Qovernmenti from time to time^ by notification in the 
official Gazette^ directs/' 

16. [Repeal of part of section 12 (3), Act VII, 1884.] Sep. by the 
Repealing and Amending Act, 1891 (XII of 1891J 

17. (i) ****** ■ Amendment 

(3) To [section 13 of the said Act] » the following sub-section shall be ^^^^ 
added^ namely :— ^JJ 1^«* 

'* (4) The Local Government may, from time to time, delegate, — 
{a) with the previous sanction of the Governor General in Council, to 
any person by name or as holding an office, the function, assigned 
to the Local Government by sub-section {t), of granting a certificate 
of survey under that sub-section ; 
(b) of its own authority, to any person by name or as holding an office, 
the function, assigned to the Local Government by sub-section (3)^ 
of causing notice to be given of a certificate of survey being ready 
for delivery : 
Provided, with respect to clause {a) of this sub-section, that no delegation 
of the function mentioned in that clause shall be construed to authorise the 
grant of a certificate of survey by the surveyor who gave the declaration of 
survey under section 11." 



» Printed, General Acts, Vol. IV, Ed. 1898, p. 740. 

* 8nb-8eo. (i), which repealed the words ** fees and other'' in a. 18 (1) of the Indiun St^am- 
thips Act, 1884 (VII of 1884), was repealed by the Repealing and Amending Act, 1891 (XII of 

1891). 

^ The words *' section 13 of the said Act '' were sabsUtnted for the wcrds " the same section ** 
by the Repealing and Amending Act, 1B91 (XII of 1891). printed, General Acts* Vol. VI, Ed. 
1898. 

2b2 



Amradment 
of seoikion 10« 

1884^ 

^mendmoDt 
of leetion 21, 

1884. 



Amendment 
of section 24, 
Act VU, 
1884. 

Amendment 
of heading to 
ichednle. Act 
VII, 1884. 



872 Indian Steamships law AmeudmenL (Sees. 19-22.) [1890 : Aot III. 

Foreste. fSeet. 1-2 J [1890 : Act V. 

18. [Bepeal of section 14, Act VII, 1884.'\ Bep. by the Repealing and 
Amending Act, 1891 (XII of 1891). 

19. In section 19 of the said Aot between the word ^' which'' and the 
word ^* granted *' in both the places where the expression '' which g^nted '^ 
occurs, the words '' or whose delegate " shall be insertedr 

20. In section 21, sub-section (Jf), of the said Act, after the words ^' on 
the application of the owner or master," the words " and the payment by him 
of such feCj not exceeding twice the amount of the fee for the previous sur- 
vey^ as the Local Government may require,'' shall be inserted. 

31. In section 24^ sub-section (j3), clause (i)^ for the words "for oerti- 
ficatcB of survey '' the words " in respect of surveys *' shall be substituted. 

22* In ^^ schedule to the paid Aot, for the words and 6gures " See see^ 
Hon 14 " the words, figures and letter ^' See section 10 A *' shall be sub- 
stituted. 



Title and 

eommence* 

ment. 



Amendment 
of lection 8| 
Act VII, 
1878. 



ACT No. V OF 1890. ^ 

i28th fehruarf, 1890.] 

An Act to amend the Indian Forest Act^ 1S78|^ and the Burma 

Forest Act, 1881. * 

Whe&sas it is expedient to amend the Indian Foreet Act, 1878| ' and the YII of 1878. 
Burma Forest Act, 1881 ;> It is hereby enacted as follows : — XiXollSSL 

1. (i) This Act may be called the Forest Act, 1890 : and 
(2) It shall come into force at once. 

Indian Forest Act, 1878. 

2. (i) For the definition of '' Tree " in section 2 of the Indian Forest 

Act, 1878, the following shall be substituted, namely :-» Tllof 18!& 

*' 'Tree ' includes palms, bamboos, stumps, brushwood and canes : '*. 



1 For Statement of Objecta iind Beasons, tee Gazette of India, 1889, Pi V, p. 201 ; for Report 
of the Select Committee, see ibid, 1S90» Pt. V, p. 69-; and for Proceeding in Goaneil #«• 
ibid, 1889, Pt. Yl, pp. 150 and 154, and ibid, 1890, Pt. YI, pp. 16 and 26. ' 

8s. 1 (i) and 2 and 4 of this Aot hnve been declared in force in the Santhil Parganas by noti- 
fication nnder s. 8 of the Santhil Parganas Settlement Beg^ation (III of 1872) ae amended 
b> theSanthti Parganas Laws Hegalation, 1886 (III of 1886), printed, iJengal Code, Ed. 1889 
p. 597, sea Calcutta Gazette, 1892. Pc. I, p. 448. ' 

It is in force in the Angul District so far as it amends the Indian Forest Aot 1878 
(YII of 1878). as being part of chat Act which was extended to that district bv the 'Anffnl 
District RegnUtion, 1894 (I of 1894). ^ '^ 

s Printed, General Acts, Vol. Ill, Ed. 1^93, p. 128. 

' For Aet XIX of 1881 see the revised edition, as modified ap to Ist Julv. 1890 nnUuh^ 
th« LegisUtive Department, ^ ' ^ ^^ 



1690 : Act v.] Foteiii. AH 

(Sea. 3^.) 

(8) For the definition of '' Timber '' in the same section the following 
ehall be subetitated^ namely :*-* 

^' ' Timber ' includes trees when tliey have fallen or have been felled, and 
all woodj whether cut np or fashioned or hollowed oat for any purpose or 
not :". 

{3) For the definition of '' Forest-produce " in the same section the fol- 
lowing shall be substituted , namely :— - 
" ' forest-produce ' includes— 
(a) the following, whether found in, or brought from^ a forest or not, 
that is to say :— 
timber^ charcoal, caoutchouc, catechu, wood-oil, resin, natural var- 
nish, bark, lac, mahua flowers and myrabolams, and 
(i) the following when found in, or brought from, a forest, that is to 
say :— • 
(i) trees and leaves, flowers and fruits, and all other parts or produce 

not hereinbefore mentioned of trees, 
(m) plants not being trees (including grass, creepers, reeds and moss), 

and all parts or produce of such plants, 
{Hi} wild animals, and skins, tusks, horns, bones, silk, cocoons, honey 

and wax, and all other parts or produce of animals, and 
{iv) peat, surface-soil, rock, and minerals including limestone, laterite, 
mineral oils, and all products of mines or quarries):". 
8. For clause {b) of section 4 of the said Act the following shall be sub- Amendment 

stituted, namely :— Ai^Yiu *' 

'^ (6) specifying as nearly as possible the situation and limits of such 1878. 

land; and". 

4. To section 5 of the said Act the words '^ except in acoordanoe with Addition to 

rules prescribed by the Local Government '' shall be added. i^ vil 

1878. 

5« For clause {a) of section 6 of the said Act the following shall be sub- Amendment 
^. , J 1 of section 6^ 

stituted, namely :— Act VII, 

'' {a) specifying as nearly as possible the situation and limits of the pro- ^^^ 

posed forest '/\ 
6. After section 9 of the said Act the following shall be inserted^ Addition of 

I new section 

namely :— ^e, section 

9, Aot Vll, 
1878. 

'' 9 A. (i) In the case of a claim relating to the practice of shifting cul- Trntment of 
tivation, the Forest-Settlement-oflScer shall record a statement setting forth ing to prao< 
the particulars of the claim and of any local rule or order under which the ^^ 



874 



Forests. 
(Sees. 7-9.J 



1890: AcfeT; 



BUftisg enlti- 



Amendment 
of section 
S6, Act YII, 
1878. 



Amendment 
of CLapten 
yilftnd 
VIII, Act 
VII, 1678- 



Addition to 
section 41, 
Act VII, 
1878. 



Amendment- 
of leotton 47* 
AetVJI, 
1878. 



practice ia allowed or regulated^ and Bubmit the Btatement to the Iiocal 
Government together with his opinion as to whether the practice should be 
permitted or prohibited wholly or in part. 

{2) On receipt of the statement and opinion the Local GovernmeQt maf 
make an order permitting or prohibiting the practice wholly or iu part. 

{3) If such practice is permitted wholly or in part^ the Forest-Settkiment- 
ofiicer may arrange for its exercise— 

(a) by altering the limits of the land under settlement so as to exclude 
land of sufficient extent, of a suitable kind^ and in.a.locality xieason- 
ably convenient for the purposes of the claimantsi or 
(() by causing certain portions of the land under settlement to be 
separately demarcated, and giving permiesion to the claimants to 
practise shifting cultivation therein nnder such conditions, as he 
may prescribe. 
All arrangeinents made under this sub-section shall be subject to the 
sanction of the Local Government. 

(^) The practice of shifting cultivation shall in all cases be deemed a 
privilege subject to control, restriction and abolition by the Local Govern- 
ment. 

7. For clause {b) of section 26 of the said Act the following shall be 

substituted, namely : — 

'^ (h) sets fire to a reserved forest^ or, in contravention of any rules 
made by the Local Government, kindles any fire^ or leaves, any 
fire burning, in such manner as to endanger snch a forest; ".. 

8. (1) In the heading of Chapter VII of the said Act, for thei words 
''Op THE Doty on Timbee'' the words ''Of the Duty on Timber and 
OTBBB Fobbst-pboouge *' shall be substituted, 

{2) In section 39 of the said Act, after the word "timber'' in both 
places where the word occurs, the words " or otlier forest-produce " shall be 

inserted. 

(d) In clause (a) of section 41 of the said Act, for the words '^ and' 

other" the words " or other '' shall be substituted. 

(4) To section 41 of the said Act the following shall be added, namely ;— 
*'The Local Government may direct that any rule made under this 

section shall not apply to any specified class of timber or other forest-prodnce 

or to any specified local area." 

9. In section 47 of the said Act the words " within three months-'* shall 
be substituted for the words " within two months ''• 



1800 : Act v.] Fcresti. 875 

fSeci. 10-14.) 

10. To section 48 of the said Act3 after the word '' enoumbrances ^' the Addition to 
words " not created by him " shall be added. ^f VII,^ 

1878. 

11. In section 56 of the said Act^ for the words '^ whom he deems to be Amendment 
entitled to the same " the words ^^ whom the Magistrate deems to be entitled ^^ y^ ' 
to the same " shall be substituted. ^®^®* 

12. In section 63 of the said Act, after the words '' before the Magistrate Amendment 
having jurisdiction in the case" the words ''or to the officer in charge of Act YIL ' 
the nearest police-station " shall be added. ^®^®' 

13. (i) I^or section 67 of the said Act the following shall be subetitnted^ Amendment 
.«.«v.Aitf of section 67, 

namely :— ^^ vii, 

187a 
'' 67. (2) The Local Government may^ from time to time, by notification Power to 

in the official Gazette, empower a Forest-offioer by name, or as holding an ^^^ 

office, — 

(a) to accept from any person against whom a reasonable suspicion 
exists that he has committed any forest-offence, other than an 
offeuoe speoified in section 61 or section 68, a sum of money by 
way of compensation for the offence which such person is suspected 
to have committed, and, 
(i) when any property has been seised as liable to oonfiscation, to release 
the same on payment of the value thereof as estimated by such 
officer. 

{2) On the payment of such sum of money, or such value, or both, as the 
case may be to such officer, the suspected person, if in eustody, shall be 
discharged, the property, if any, seized shall be released, and no further pro- 
ceedings shall be taken against such person or property. 

(3) A Forest'officer shall not be empowered under this section unless he 
is a Forest-officer of a rank not inferior to tliat of a ranger and is in receipt 
of a monthly salary amounting to at least one hundred rupees, and the sum 
of money accepted as compensation under sub-section (i), clause (a), shall in 
no case exceed the sum of fifty rupees/^ 

14. After section 88 of the said Act the following shall be added, Addition of 

new section 

namely :— - tfter section 

83, Act VII. 
1878. 

*' 84. When any person, in compliance with any rule under this Act, binds Becovery of 
himself by any instrument to perform any duty or act, or covenants by any Sndw b^n^d!* 
instrument that he, or that he and his servants and agents, will abstain from 
any act, the whole sum mentioned in such instrument as the auioont to be 



876 



Title, extent 
and com- 
meuoemcnt. 



Deflnition. 



Appomtmeni 
and ineor* 
pontion of 
Treasurer of 
Charitable 
Endowments. 



Charitable Endowments. 
(Sees. I'S.J 



[189D : Act Vt 



paid iQ case of a breach of the oonditioDB thereof may^ notwithBtanding 
anything in section 74 of the Indian Contract Act, 1872^^ be recovered from IX of 187S. 
bim in case of sack breach as if it were an arrear of land'reveime/' 

16-22. ^Amendment of the Burma Foreet Act, 1881 {XIX of 1881).] See 
the revUed edition of Jet XIX of 1831, ae modified up to let Julg, 1890, pub' 
lished bj/ tie Legislative Department. 



ACT No, VI OP 1890.« 

I7tk Marek, 1890.} 

An Act to provide for the Vesting and Administration of Pro- 
perty held in trust for charitable purposes. 

Whbbbas it is expedient to provide for the vesting and administration of 
property held in trust for charitable purposes ; It is hereby enacted as fol- 
lows :— 

1. {I) This Act may be called the Charitable Endowments Act, 1890, 

(2) It extends to the whole of British India, inclusive of * * * »» 
British Baluchistan ; and 

{3} It shall come into force on the first day of October, 1890, 

2* In this Act '^ charitable purpose " includes relief of the poor^ educatioc, 
medical relief and the advancement of any other object of general public 
utility, but does not include a purpose which relates exclusively to religious 
teaching or worship. 

8. (i) The Governor General in Council may appoint an officer of the 
Government by the name of his office to be Treasurer of Charitable Endow- 
ments for the territories subject to any Local Governments 

{SI) Such Treasurer shall, for the purposes of taking, holding and trans- 
ferring moveable or immoveable property under the authority of this Act, be 

a corporation sole by the name of the Treasurer of Charitable Endowments 

- 

^ Printed Qexieral Acts, Vol. II, Ed. 1898, p. 299. 

*For Statement of Objects and Kcasons, »ee Qezette of India, 1889, Ft. V, p. 187; for Bepoit 
of the Select Comnciltee, *ee ibid, 1890, p. 65 ; and for Froceedingi in CoaooU, jm Hid, 1889, 
Ft YI. PP* 117 and 190, and 1890. ibid, Pt. VI, p. 87. 

Thii Act has been declared In force in Upper Bnrma (except the Shan States) bj the Burma 
Laws Act 1898 (XIU of 1898). 

The Act bus been declared in force in the Santhil Pkrfraniis ander s. 8 of the Santh&I Par- 
ganas Seltlement Regulation (III of 1872) as amended hj the Santhil Parganns Laws Regnla- 
tion, 1886 (III of 1886), printed, Bengal Code, Ed. 1889, p. 697, see Calcutta Qa&ette, 1892, Ft I, 
p. 448. 

' The words " Upper Burma, and '^ were rej^ed bj the Fifth Schednle to the Bniina Laws 
Ae^ 1898 (XIII of 18U8). 

* For officers appointed noder the powers conferred by this section, ee§ Gasette of India, 1890« 
Ft. I, p. 765. 



I8d0 : Act VI. j ChariitAk BndowtMntu 877 

(8ee9, 4-5.) 

for the territories sabjeot to tlie Local Governmenty aud^ as suoli Treasurer, 
shall have perpetual succession and a corporate seal, and may sue and be sued 
in his corporate *name« 

4. (1) Where any property is held or is to be applied in trust for a charitable Orders vest- 
pnrpose, the Local Government, if it thinks fit, may, on application made as ^/[^2|^2; 
hereinafter mentioned, and subject to the other provisions of this section, order, . 
by notification in the official Gazette, that the property be vested in the 
Treasurer of Charitable Endowments on such terms as to the application of 
the property or the income thereof as may be agreed on between the Local 
Government and the person or persons making the application, and the pro- 
perty shall thereupon so vest accordingly. 

(2) When any property has vested under this section in a Treasurer of 
Charitable Endowments, he is entitled to all documents of title relating 
thereto. 

(5) A Local Government shall not make an order under sub-section (i) for 
the vesting in a Treasurer of Charitable Endowments of any securities for 
money, except the following, namely :-* 

{fl) promissory notes, debentures, stock and other securities of the Govern- 

ment of India, or of the United Kingdom of Great Britain and 

Ireland ; 
(h) bonds, debentures and annuities charged by the Imperial Parliament 

on the revenues of India ; 
(e) stock or debentures of, or shares in. Railway or other Companies, the 

interest whereon has been guaranteed by the Secretary of State for 

India in Council; 
{d) debentures or other securities for money issued by or on behalf of any 

local authority in exercise of powers conferred by an Act of a 

legislature established in British India ; 
{$) a security expressly authorised by any order which the Governor 

General in Council may make in this behalf. 

(4) An order under this section vesting property in a Treasurer of Chari- 
table Endowments shall not require or be deemed to require him to administer 
the property, or impose or be deemed to impose upon him the duty of a ti-ustee 
with respect to the administration thereol 

5. (i) On application made as hereinafter mentioned, and with the con* Sohemes lor 
ourrence of the person or persons making the application, the Local Govern- S^^^f^ 
ment. if it thinks fit, may settle a scheme for the administration of any V^l ve»t«d 
property which has been or is to be vested in the Treasurer of Charitable tarer. 



87£ Ckaritahle SndowmenU. [1890 : Act "^l. 

(See. 6.) 

EJAdowments^ and ipay in saoh scheme appoint^ by name or office, a person or 
persons^ not being or including such Treasurer, to administer the property.^ 

(^) On application made as hereinafter mentioned, and with the concnr- 
rance of the person or persons making the application, the Local OoYernment 
m^y, if it thinks fit, modify any scheme settled under this section or substitute 
aj^otber soheme in it? stead. 

{S) A. scheme settled, modified or substituted under this section shallf^ 
subject to. the other, provisions of this section, come into operation on a day tqi 
bei4)pointed.by the Local Oovernfnent in this behalf, and shall remain in, 
forcie so long as the property to which it relates continues to be vested in the^ 
Treasurer of Charitable Endowments or until it has been modified or another 
sMoh aoheme has been substituted in its stead. 

(^) Such a scheme^ when it comes into operation, shall supersede any 
decree or direction relating to the subject-matter thereof in so far as auch, 
de<M^ee or direction is in any way repugnant thereto, and its validity shall not 
be questioned in any Court, nor shall any Court give, in contravention of the 
provisions of the scheme or in any way contrary or in addition thereto, a decree 
or direction regarding the administration of the property to which the scheme 
relates. 

(5) In the settlement of such a scheme effect shall be given to the wishes of 
the author of the trust so far as they can be ascertained, and, in the opiniou 
of' the Local' Government, effect can reasonably be given to them. 

(6) Where a soheme has been settled' under this section for the adminis- 
tration of property not already vested in the Treasurer of Charitable Endow- 
ments, it shall not come into operation antil the property has become so 

vested. 
Mode of Q^ (^y The application referred' to in tbe two last foregoing sections 

▼estiDg must be maae,— ' 

i^^es^^ ifl) ^ ^^ property is already held in trust for a charitable purpose, then 

by the person actibg in the administration of- the truet, or, where 

there are more persons than one so. acting, then by those persons or 

a majority (^ tbemt; and) 
(fr) if * the property is to be applied in trnat for such a purpose^ tlien by 

the person or persone proposing so to apply it. 



^ For Bchemes settled under thii section in— 

(i) the Bombay. Prondtnfy^.s^ Bombay Uf^ of Local Bnles and Orders, Vol. I, Ed.1896, 

pp. 631, 682 and 588-540 ; 
(S) the Madras FtasideB«yi »u Bfadias lost of: Local idUes and Orden, VoU h Ed. 13^8i. 

iS\ Korth-Western ProTioces and Ondh, 9ee the North- Western FroTinees and Oadli. 
Litto£:Lo>J#l Hrtes and orders, Ed. ISIH, pp. 148.148. 



J 



WfOt AotlVL] OAaritable Biulowmenk. 819 

(See9. 7-100 

{2) fior the parpoees of this section the executor or administrator of a» 
deceased trustee of property held in trust for a charitable purpose shall bci 
deemed to be a person acting in the administration of the trust. 

Ip {I) The Governor General in Council may exercise all or any of the ^*«"5^ ^ 
powers ooof erred on the Local Oovernment by sections 4 and 5. General in 

{2) When.the GoYemor General in Couucil has signified to the Local po^en of 
Government his intention of exercising any of those powers with respect to. I'OcalGov- 
aiiy property, that Government shall not without his previous sanction, 
ei:0rci9^ thepa with respect thereto* 

8, (X) Subject to the provisions of this Act, a Treasurer of Chajitablo. STonSS^' 
]QiiidowmeutB shall not, as such Treasurer, aot in the administration of anjr surer,/ 
trust, wh^r6of any of the property is for the time being vested in. l^m und&iv 

thia Aat. 

(S) Such Treasurer shall keep a separate account of each property, for the* 
tipiie Ueiug so vested in so far as the property consists of securities for money, 
and sliall apply the property or the income thereof in accordance witrh. the 
provision, made in that behalf in the vesting order under sectipn 4. or ip.tbe^ 
scbeme, if aiiyi under section 5, or in both those documents. 

(3) Ia the case of any property so vested other than secui*ities for n^oney^^ 
suQb) Treasurer shall, subject to any special order which he may receiye f rpm^ , 
the authority by whose order the property became vested in him, {^er^iit. the 
persona, acting in the administration of the trust to haye the possession j 
mf^nagemont.and control of the property, and the application of the income 
thftreQf,,a8 if the property had been vested in them, 

9. A. Treasurer of Charitable Endowments shall cause to be published Annnal 
apnu^^Uy in. the local official Gazette, at such time as the Local Government of Ustof pro- 
n^ay direct, a Ijst of all properties for the time being vested in him under ^ ^r" ^®"**^ 
tbi^ Act and. an abstract of all accounts kept by him uuder sub-section {2) 

ot the last^ f pregoing section* 

10^. (i) A Treasurer of Charitable Endowments shall always be a sole Limitation 
trustee, and shall not, as such Treasurer, take or hold any property otherwise aadpowen 
th|^P;mider the provisions of thip Act, or, subject to those provisions, transfer *^ ^^^"*"'«*'' 
apy; I|rpperty vested in him except in obedience to a decree divesting him of 
the property, or in compliance with a direction in that behalf issuing from 
the authority by whose order the property became vested in him. 

(i9) Such a direction may require the Treasurer to sell or otherwise dis- 
pose of any property vested in him, and with the sanction of the authority 
issuing the direction, to invest the proceeds of the sale or other disposal of 
the property in any such security for money as is mentioned in sectioiii 4. 



880 



Proyision for 
oon^noance 
of office of 
Treaiorer in 
oertun con- 
tingencies. 



Transfer of 

g'operty 
om one 
Treasnrer to 
another. 



Power to 
frame forms 
and make 
roles. 



(8m. II'IS.J 



[1890: AotVt 



sub-section {3), daase (a), {h), (e), (i) or (e), or in the purchase of immove- 
able property. 

{3) When a Treasurer of Charitable Endowments is diTested^ by a 
direction of the Local Government or the Governor General in Council under 
this section, of any property^ it shall vest in the person or persons acting 
in the administration thereof and be held by him or them on the same 
trusts as those on which it was held by such Treasurer. 

11. If the office held by an officer of the Government who has been 
appointed to be a Treasurer of Charitable Endowments is abolished or its 
name is changedi the Governor General in Council may appoint the same or 
another officer of the Government by the name of his office to be such 
Treasurer^ and thereupon the holder of the latter office shall be deemed for 
the purposes of this Act to be the successor in office of the holder of the 
former office. 

12. If by reason of an alteration of the limits of the territories subject to 
a Local Government^ or for any other reason, it appears to the Governor 
General in Council that any property vested in a Treasurer of Charitable 
Endowments should be vested in another such Treasurer^ he may direct that 
the property shall be so vested^ and thereupon it shall vest in that other 
Treasurer aud bis successors as fully and effectually for the purposes of this 
Act as if it had been originally vested in him under this Act. 

13. The Governor General in Council may frame forms for any proceed- 
ings under this Act for which he considers that forms should be provided^ 
and may make such rules ^ consistent with this Act as he may deem 
expedient f oi>— 

(a) prescribing the Local Government which is to exercise the powers 

conferred by this Act in the case of property which is, or is 
situated, in territories subject to two or more Local Governments; 

(b) prescribing the fees to be paid to the Government in respect of any 

property vested under this Act in a Treasurer of Charitable 

Endowments ; 
(e) regulating the cases and mode in which schemes or any modifications 

thereof are to be published before they are settled or made under 

section 6 ; 
((0 prescribing the forms in which accounts are to be kept by Treasurers 



1 For rules made and forms prescribed nnder the powers oonfetred by this Beotion, ««• Qaiett4 
of Into, 1890, Pt. I, p. 767. 



1890 : Act VI.] , ChatitabU BndowmenU. (Sees. 14-16 J 38] 

1990 : Act VIII.] Ouardiam and Wards. 

of Charitable Endowments^ and the mode in which such acconnts 
are to be audited ; and^ 
{e) generally^ carrying into effect the purposes of this Act. 

14. No suit shall be instituted against the Government in respect of Indemnity to 
anything done or purporting to be done under this Act, or in respect of any JJqJi x^S-'*' 
alleged neglect or omission to perform any duty devolving on the Govern- •^^x, 
ment under this Act, or in respect of the exercise of, or the failure to exercise, 

any power conferred by this Act on the Governuaent, nor shall any suit be 
instituted against a Treasurer of Charitable Endowments except for divest- 
ing him of property on the ground of its not being subject to a trust for a 
charitable purpose, or for making him chargeable with or accountable for the 
loss or misapplication of any property vested in him, or the income thereof 
where the loss or misapplication has been occasioned by or through his wilful 
neglect or default. 

15. Nothing in this Act shall . be construed to impair the operation of Saving with 
section 111 of the Statute 53 George III, Chapter 155,^ or of any other Advocate 
enactment for the time being in force, respecting the anthority of an Advocate q2*®'^^ ^^ 
General at a presidency to act with respect to any charity, or of sections 8, 9, Trustee. 
10 and 11 of Act No. XVII of 1864 {an Act to constitute an Office of Official 
Trustee) ^ respecting the vesting of property in trust for a charitable purpose 

in an Official Trustee. 

16. A Local Government shall, in the exercise of its- powers under this Oeneral con- 
Act, be subject to the control of the Governor General in Council. «S!hOTftT of 



THE GUARDIANS AND WARDS ACT, 1890. 



Qovemor 
General in 
CoonoiL 



CONTENTS. 



CHAPTER I. 

Prbliiiinart. 
SaoTioNs. 

1, Title, extent and commencement, 

2. Repeal. 

8. Saviog of jurisdiction of Courts of Wards aod Chartered High 

Courts. 
4« Definitions. 



^ The Bast India Compaoy Aot, 1813, printed. Collection of Stafcntes relating to India, Vol. I, 
Sd. 1881, p. 163. 

fh^ Official Tnuteea Aot, 1864, printed, Qenexal Acta, Vol. I, Ed. 1898^ p. 440. 



882 OuardianB and Wards. [1890 : Act VIII. 

CHAPTEE II. 

Afpointhbnt and Declaration ov GuAEDtANS. 

Sbotions. 

B. Power of parents to appoint in case of European British sabjeote. 

6. Saving of power to appoint in other oases. 

7. Power of the Court to make order as to guardianship. 

8. Persons entitled to apply for order. 

'9. Court having jurisdiction to entertain application. 

10. Form of application. 

11. Procedure on admission of application. 

12. Power to make interlocutory order for production of minor and interim 

protection of person and property. 
18. Hearing of evidence before making of order. 
14. Simultaneous proceedings in different Courts. 
16. Appointment or declaration of several guardians. 

16. Appointment or declaration of guardian for property beyond jurisdie* 

tion of the Court. 

17. Matters to be considered by the Court in appointing guardian. 

18. Appointment or declaration of Collector in virtue of office. 

19. Guardian not to be appointed by the Court in certain cases. 



CHAPTER III. 
Dtjtibs, Rights and Liabilities op GuAaDiANs. 

OeneraL 

20. Fiduciary relation of guardian to ward. 

21. Capacity of minors to act as guardians. 

22. Remuceration of guardian. 

23. Control of Collector as guardian. 

Guardian of the Penon. 

24. Duties of guardian of the person. 
26. Title of guardian to custody of ward. 

26. Removal of ward from jurisdiction. 

Guardian of Fropertjf. 

27. Duties of guardian of property. 

28. Powers of testamentary guardian. 

29. Limitation of powers of guardian of property appomted or declared by 

the Court. . ^ .. ^q 

80. Voidability of transfers made in contravention of section 28 or 

section 29. « j i.- oo 

31. Practice with respect to permitting transfers under section »». 



} 



1800 : Act VIII.] Guardians and ff'ards. 888 

Sbotions. 

82. Variation of powers of guardian of property appointed or declared by 
the Conrt. 

88. Bight of guardian so appointed or declared to apply to the'Couft ^for 

opinion iu management of property of ward. 
84. Obligations on guardian of property appointed or declared by the 

Court. 
35. Suit against guardian where administration-bond was taken. 

86. Suit against guardian where administration-bond was not taken. 

87. General liability of guardian as trustee. 

Termination of Guardiansiip. 

38. Right of survivorship among joint guardians. 

89. Removal of guardian. 

40. Discbarge of guardian. 

41. Cessation of authority of guardian. 

4'^. Appointment of successor to guardian dead, discharged or removed. 



CHAPTER IV. 

SUFFLBMBNTAL PbOYISIONS. 

43. Orders for regulating conduct or proceedings of rgu&rdiansy and 

enforcement of those orders. 

44. Penalty for removal of ward from jurisdiction. 

45. Penalty for contumacy. 

46. Reports by Collectors and Subordinate Courts. 

47. Orders appealable. 

48. Finality of other orders. 

49. Costs. 

60. Power of High Court to make rules. 

51. Applicability of Act to guardians already appointed by Court. 

62. Amendment of Indian Majority Act. 

63. Amendment of Chapter XXXI of the Code 6i Civil Procedure. 



THE SCHEDULE.- fiNAOTjiaNTsnBPaaiiai). 



884 Ouardtam and Wards. [1890 : Aot VIIL 

(Chap. 1. — Preliminary^. Sees. 1-3,) 

ACT No. VIII OF 1890.1 

\2Ut March, 1890.] 

An Act to consolidate and amend the law relating to Guardian 

and Ward. 

Whbrbas it is expedient to consolidate and amend the lav relating to 
guardian and ward ; It is hereby enacted as follows : — 

CHAPTER I. 
Fbbliminaby. 
Title, 1, (i) This Act may be called the Guardians and Wards Act^ 1890. 

and com- (^) '* extends to the whole of British India^ inclusive of * * •! 

menoement. British Baluchistan ; and 

{3) It shall come into force on the first day of July^ 1890. 
Repeal. 2. (1) On and from that dny the enactments mentioned in the schedule 

shall be repealed to the extent specified in the third column thereof. 

(2) But all proceedings had^ certificates granted^ allowances assignedi 
obligations imposed, and applications, appointments, orders and rules made 
under any of those enactments shall, so far as may be, be deemed to have been 
respectively had, granted, assigned, imposed and made under this Aot; and 

(3) Any enactment or document referring to any of those enactments shall, 
so far as may be, be construed to refer to this Act or to the corresponding 
portion thereof. 

Sayiog of 3^ rphis Act shall be read subject to every enactment heretofore or here* 

jurifldiction 

of Coorts of after passed relating to any Court of Wards by the Governor General in 

Chartered Council or by a Governor or Lieutenant-Governor in Council ; and nothing 

High Coarti, in this Act shall be construed to affect, or in any way derogate from, the 

jurisdiction or authority of any Court of Wards, or to take away any power 

possessed by any High Court established under the Statnte 1^4 and 2b Victoria, 

Chapter 104 {an Act for esiablishiHg High Courts of Judicature in India) ^ 

1 For Statement of Objects and Beasons, see Gazette of India, 1886, Pt. Y, p. 77 ; for Report 
of the Select Committee, see ibid, 1890, Pt. V« p. 77 ; and for Debates in Council, see ibid, 1886, 
Supplement, pp. 419 and 666, and ibid, 1890, Pt. VI, pp. 83 and 46. 

The Aot has been declared in force in Upper Burma (except the Shan States) by the Purma 
Laws Act, 18P8(XI1I of 1898). 

The Act has been declared in force in the Santh&l Parganas by notification under s. 8 of the 
Santhil Pargnnaa Settlement Begulatbn (III of 1872) as amended by the Santb&l Parganas 
Settlement Regulation, 1886 (HI of 1886), printed, Bengal Code, Kd. 1889, p. 597, see Calcutta 
Gazette, 1892, Pt. I, p. 448. 

It has been extended to the Angul IMstriot by the Angul District Regulation, 1894 (I of 1894). 

It has been declared not to be in force in the Scheduled Dutricts in GHUJam and 
T^izagapatam, by notification under s. 8 (b) of the Schednled DistricU Act, 1874 (XIY of 1874), 
printtiti. General Acts, Vol. II, Ed. i898, p. 467, «e« Gazette of India, 1898, Pt. I, p. 872. 

' The words " Upper Burma, and " were repealed by the Fifth Schedule to the Burma Laws 
Act, 1898 (XIII of 1898). 

> The Indian High Courts Aot, 1861, printed, Collection pf Sti^tutes relating tp India. 
YoL III Kd. 1881, p, 718, 



1890 : Act VIIL] Guardians and Wards, 886 

fCAap. I. ^Preliminary. See. 4. Chap, II.-^Appointment and Deelaration 

of Guardians, See. 6,J 

4. In this Act, nnless there is something repugnant in the subject or Definitioiifc 
context, — 

(1) '' minor *' means a person who, under the provisions of the Indian 
IX of 1876. Majority Act, 1875,^ is to be deemed not to have attained his majority : 

{2) " guardian '' means a person having the care of the person of a minor 
or of his property, or of both his person and property : 

(3) " ward '^ means a minor for whose pereon or property, or both, there 
is a guardian : 

(4) " District Court'' has the meaning assigned to that expression in the 
XIV «f 1882, Cojg ^{ Qj^jl Ppocedure,« and includes a High Court in the exercise of its 

ordinary original civil jurisdiction : 

(5) " the Court '^ means the District Court having jurisdiction to enter- 
tain an application under this Act for an order appointing or declaring a person 
to be a guardian ; and, where a guardian has been appointed or declared in 
pursuance of any such application, it means the Court which appointed or 
declared the guardian, or, in any matter relating to the person of the ward, 
the District Court having jurisdiction in the place where the ward for the 
time being ordinarily resides : 

(6) " Collector '^ means the chief officer in charge of the revenue-adminis- 
tration of a district,' and includes any officer whom the Local Government, 
by notiBcation in the official Gazette, may, by name or in virtue of his 
office, appoint to be a Collector in any local area, or with respect to any 
class of persons, for all or any of the purposes of this Act : 

(7) ^' European British subject ^' means an European British subject as 
X 1882. ^^fijjed in the Code of Criminal Procedure, 1882,* and includes any Christian 

of European descent : and 

(8) ^^ prescribed '' means prescribed by rules made by the High Court 
under this Act. 

CHAPTER II. 

Appointment and Dbclabation op Guabdians. 

5. {1) Where a minor is an European British subject, a guardian Power of 

"" ptrontB to 



1 Printed, General Acts, Vol. II, Ed. 1898, p. 603. appctot U 

* Printed, General Act% Vol. IV, Ed. 1898, p. 262. 

* For appointments of Collectors under this sob-section in — 

(i) the Presidency of Bomhay^ see the Bombay List of Local Balea and Orders, 

Vol. I, Ed. 1896, p. csliii ; 
(j9) the North-Westem Proyinces and Ondh, eee the North-Weatern ProTinoea and 

Oudh List of Local Bales and Orders, Bd. 1894^ p, 148, 
^8ee now the Code of Criminal Procedure, 1898 (Act V of 1898). 

vol. V. 2 



eaie of Euro- 
pean British 
subjects. 



Saving of 
power to 
appoint in 
other cases. 



Power of the 
Court to 
make order 
as to guard* 
ianshlp. 



Persons en« 
titled to 
apply for 
order* 



Court having 
Jurisdiction 
to entertain 
application. 



^6 Ouardtana and fTardi. [1890 : Aet VIXI* 

fCiap. II. -^Appointment and Declaration of Ouardiant. Sees. M.) 

or guardians of his person or property, or both^ may be appointed by will or 
other instrument to take effect on the death of the person appointing^— 

(a) by the father of the minor, or, 

(b) if the father is dead or incapable of acting, by the mother. 

{3) Where guardians have been appointed under sab-section (i) by both 
parents, they shall act jointly. 

6. In the case of a minor who is not an European British subject, 
nothing in this Act shall be construed to take away or derogate from any 
power to appoint a guardian of his person or property, or both, which is 
valid by the law to which the minor is subject. 

7. (I) Where the Court is satisfied that it is for the welfare of a minor 
that an order should be made-* 

{a) appointing a guardian of his person or property, or both, or 
[b) declaring a person to be such a guardian, the Court may make an 
order accordingly. 

(9) An order under this section shall imply the removal of any guardian 
who has not been appointed by will or other instrument or appointed or 
declared by the Court. 

(3) Where a guardian has been appointed by will or other instrument or 
appointed or declared by the Court, an order under this section appointiag 
or declaring another person to be guardian in his stead shall not be made 
until the powers of the guardian appointed or declared as aforesaid haiVe. 
ceased under the provisions of this Act. 

8. An order shall not be made under the last foregoing section except on 
the application of—* 

(a) the person desirous of being, or claiming to be, the guardian of the 
minor, or 

{fi) kdlJ relative or friend of the minor, or 

(e) the Collector of the district or other local area within which the 

minor ordinarily resides or in which he has property, or 
(i) the Collector having authority with respect to the class to which 

the minor belongs. 

9t (i) If the application is with respect to the guardianship of the person 
of the minor, it shall be made to the District Court having jurisdiction in 
the place where the minor ordinarily resides. 

{SI) If the application is with respect to the guardianship of the property 
of the minor, it may be made either to the District Court having {jurisdiction 



1890: Act VHI.] Guardians and Wards. 887 

fCAofi. 11-^ Appointment and Declaration af Ouardiane. See. 10.) 

m t1ii» place where the minor ordinarily resides or to a Distriot Court having 
jarisdioiion in a place where he has property. 

[3) If an application with respect to the guardianship of the property of 
a minor is made to a District Court other than that having jurisdiction in 
the place where the minor ordinarily resides^ the Court may return the 
application if in its opinion the application would be disposed of more justly 
or conveniently by any other District Court having jurisdiction. 

10* (i) If the application is not made by the Collector^ it shall be by Fonn of 
XIV of 1882. petition signed and verified in manner prescribed by the Code of Civil Pro* 
cedure ^ for the signing and verification of a plaint^ and stating, so far as can 
be ascertained;— 

ifl) the name, sex, religion, date of birth and ordinary residence of the 

minor; 
(6) where the minor is a female, whether she is married, and, if so, the 

name and age of her husband ; 
ip) the nature, situation and approximate value of the property, if any, 

of the minor; 
{d) the name and residence of the person having the custody or posses- 
sion ef the person or property of the minor ; 
{e) what near relations the minor has, and where they reside ; 
(f) whether a guardian of the person or property, or both, of the minor 
has been appointed by any person entitled or claiming to be en- 
titled by the law to which the minor is subject to make such an 
appointment; 
{g) whether an application has at any time been made to the Court or to 
any other Cour^ with respect to the guardianship of the pexson 
or property, or both, of the minor^ and, if so, when, to what 
Court and with what result ; 
(A) whether the application is for the appointment or declaration of a 
guardian of the person of the minor, or of his property or of both; 
(») where the application is to appoint a guardian, the qualifications of 

the propoeed guardian ; 
(yy where the application is to declare a person to be a guardian^ the 

grounds on which that person claims ; 
{h) the causes which have led to the making of the application; and 
(Q such other particulars, if any, as may be prescribed or as the natuM of 
the application renders it necessary to state. 



^ Printed, GenenlAets, VoL IV, Ed. 189Q» p. 802. 

2 2 



Prooedare 
on admiBsion 
of applica- 
tion. 



Power to 
make inter- 
locntory 
Older for 
production 
of minor and 
interim pro- 
tection of 
person and 
propertv. 



888 Guardiam and Wards. [1890 ; Act VIII. 

(Chap* II. ^^Appointment aud Declaration of Onardiam. Sees. ll^tS.J 

{8) If the applioation is made by the Collector^ it shall be by letter 
addressed to the Court and forwarded by post or in such other maimer as 
may be found convenient^ and shall state as far as possible the particulars 
mentioned in sub-section {1). 

(3) The applioation must be accompanied by a declaration of the willing- 
ness of the proposed guardian to act and the declaration must be signed by 
him and attested by at least two witnesses* 

11, (i) If the Court is satisfied that there is ground for proceeding on 
the application, it shall fix a day for the hearing thereof, and cause notice of 
the application and of the date fixed for the hearing — 

{a) to be served in the manner directed in the Code of Civil Procedure ^ XiV cf 18^ 
on — 

(i) the parents of the minor if they are residing in British India, 
(ii) the person, if any, named in the petition or letter as having the 

custody or possession of the person or property of the minor, 
(iii) the person proposed in the application or letter to be appointed 
or declared guardian, unless that person is himself the appli- 
cant, and 
(iv) any other person to whom, in the opinion of the Court^ special 
notice of the application should be given ; and 
(&) to be posted on some conspicuous part of the court-house, and of the 
residence of the minor, and otherwise published in such manner 
as the Court, subject to any rules made by the High Court 
under this Act, thinks fit. 
(8) The Local Government may, by general or special order, require that, 
when any part of the property described in a petition under section 10, sub- 
section {!), is land of which a Court of Wards eonld assume the superintend- 
ence, the Court shall also cause a notice as aforesaid to be served on the 
Collector in whose district the minor ordinarily resides, and on every Collec- 
tor in whose district any portion of the land is situatej and the Collector may 

cause the notice to be published in any manner he deems fit, 

{3) No charge shall be made by the Court or the Collector for the service 

or publication of any notice served or published under sub-section (9)» 

12. (!) The Court may direct that the person, if any, having the custody 
of the minor shall produce him or cause him to be produced at such place and 
time and before such person as it appoints, and may make such order for the 
temporary custody and protection of the person or propei-ty of the minor as it 
thinks proper. 



^ Printed, General Acts, Vol. IV, B4* iB9Q, p. 262. 



1890 ; Act VtiL] Guardians and Wards. 389 

(Chap. II.-^Appoiittment and Veelaration of Guardians. Sees, 13»15.) 

(2) If the minor is a female who ought not to be compelled to appear in 
pablio, the direction under sub-section (/) for her production shall require 
her to be produced in accordance with the cnstoms and manners of the 
country. 

[3) Nothing in this section shall authorise— 

(a) the Court to place a female minor in the temporary custody of a 
person claiming to be her guardian on the ground of his being her 
husband, unless she is already in his custody with the consent of 
her parents^ if any, or 
{b) any person to whom the temporary custody and protection of the pro« 
perty of a minor is entrusted to dispossess otherwise than by due 
course of law any person in possession of any of the property. 

13. On the day fixed for the hearing of the application, or as soon after- Hearing of 
wards as may be^ the Conrt shall hear such evidence as may be adduced in bd!ore making 
support of or in opposition to the application. ^ ot^et. 

14. {t) \i proceedings for the appointment or declaration of a guardian Slmnliancocf 
of a minor are taken in more Courts than one, each of those Courts shall> on ^[^^S^^^ 
being apprised of the proceedings in the other Court or Courts, stay the C^wts. 
proceedings before itself. 

{2) If the Courts are both or all subordinate to the same High Court, 
they shall report the case to the High Court, and the High Court shall deter- 
mine in which of the Courts the proceedings with respect to the appointment 
or declaration of a guardian of the minor shall be had. 

{8) In any other case in which proceedings are stayed under sub-section 
(i), the Courts shall report the case through the Local Government to the 
Governor General in Council, and the Governor General in Council shall 
determine in which of the Courts the proceedings with respect to the appoint* 
ment or declaration of a guardian of the minor shall be had. 

15t (i) If the law to which the minor is subject admits of his having Appointment 
two or more joint guardians of his person or property, or both, the Court tionofierenl 
may, if it thinks fit, appoint or declare them, gnardiMis. 

{2) On the death of a father, being an European British subject, who 
has, by will or other instrument to take effect on his death, appointed 
a guardian of his minor child, the Court may appoint the mother to 
be guardian of the child jointly with the guardian appointed by the father. 

(d) On the death of a mother, being an European British subjeot, who 
during the incapacity of the father of her minor obild has, by will or other 
instrument to take effect on her death, appointed a guardian of the ohild^ the 



890 Ouardiam and Wards. [1890 : Act VIII. 

(Chap. IL'^JppaintmefU and DeelaraHon of Guardians. Sea. 16^19.) 

Coart may^ if the father becomes capable of acting, appoint him to be sole 
guardian of the child or guardian of the child jointly with the guardian 
appointed by the mother, as it thinks fit. 

(^) Separate guardians may be appointed or declared of the person and of 
the property of a minor, 

(5) If a minor has several properties, the Court may, if it thinks fit, 
appoint or declare a separate guardian for any one or more of the properties. 

APP<A°*°'^^ 16. If the Court appoints or declares a guardian for any property situate 

tion of guard- beyond the local limits of its jurisdiction, the Court having jurisdiction in the 
perty^beyood V^^^^ where the property is situate shall, on production of a certified copy of 
^"th^^c^^pt ^^^ order appointing or declaring the guardian, accept him as duly appointed 

or declared and give effect to the order. 

be^oonsidered ^* O "^^ appointing or declaring the guardian of a minor, the Court 
by the Coart shall, subject to the provisions of this section, be guided by what, consistently 
goftrdiaa. with the law to which the minor is subject, appears in the ciroumstanoea to 

be for the welfare of the minor, 

(9) In considering what will be for the welfare of the minor, the Court 
shall have regard to the age, sex and religion of the minor, the character and 
capacity of the proposed guardian and his nearness of kin to the minor, the 
wishes, if any, of a deceased parent, and any existing or previous relations 
of the proposed guardian with the minor or his property, 

(S) If the minor is old enough to form an intelligent preference, the 
Court may consider that preference. 

(^) As between parents who are European British subjects adversely 
claiming the guardianship of the person, neither parent is entitled to it as of 
right, but, other things being equal, if the minor is a male of tender years or 
a female, the minor should be given to the mother, and if the mioor is a male 
of an age to require education and preparation for labour and business, then 
to the father. 

(5) The Court shall not appoint or declare any person to be a guardian 
against his will. 

Appointment 18, Where a Collector is appointed or declared by the Court in virtue of 

of Colleotor ^^ office to be guardian of the person or property, or both, of a minor, the 
^^"* order appointing or declaring him shall be deemed to authorise and require 

the person for the time being holding the office to act as guardian of the 
minor with respect to his person or property, or both, as the case may be. 

tolbeap*" "®* 19. Nothing in this Chapter shall authorise the Court to appoint or 
pointed bj declare a guardian of the property of a minor whose property is under the 



1890 : Act Vm.] Ouardians and Wards. 391 

tChap. III. — Duties, Rights and Liabilities of Guardians. Sees. 80^93.) 

Biiperiiitendence of a Court of Wards^ or to appoint or declare a guardian of the Govt in 

. , oeztain caMi. 

the person — 

{a) of a minor who is a married female and whose hasband is not^ iu 

the opinion of the Court, unfit to be guardian of her persoui or^ 
(b) subject to the provisions of this Act with respect to European British 

subjects, of a minor whose father is living and is not, in the 

opinion of the Courts unfit to be guardian of the person of the 

minor, or 
{e) of a minor whose property is under the superintendence of a Court of 

Wards competent to appoint a guardian of the person of the 

minor. 



CHAPTER III. 

Duties, Bights and Liabilitibb ov Quabdians. 

General. • 

20. {t) A guardian stands in a fiduciary relation to his ward, and, save as ndndizy xe* 
provided by the will or other instrument, if any, by which he was appointed, ^J^j^^to 
or by this Act, he must not make any profit out of his offioe. ^urd. 

(S) The fiduciary relation of a guardian to his ward extends to and aSeots 

* purchases by the guardian of the property of the ward, and by the ward of 

the property of the guardian, immediately or soon after the ward has ceased 

to be a minor, and generally all transactions between them while the influence 

of the guardian still lasts or is reoent. 

21. A minor is incompetent to act as guardian of any minor except his Capacity of 
own wife or child or, where he is the managing member of an undivided ^^^g^g^ 
Hindu family, the wife or child of another minor member of that family, i^*« 

22. {I) A guardian appointed or declared by the Court shall be entitled Bemnnera- 
to such allowance, if any, as the Court thinks fit for his care and pains in the !^^ ^^ 
execution of his duties. 

(j9) When an officer ot the Government, as such officer, is so appointed or 
declared to be guardian, auch fees shall be paid to the Government out of the 
property of the ward as the Local Government, by general or special order, 
directs. 

23* A Collector appointed or declared by the Court to be guardian of Control of 
the person or property, or both, of a minor shall, in all matters connected gm^dian. 
with the guardiaaship of his ward, be subject to the control of the Local 



gnar^Uftii of 
the person. 

Tlileof 
guardian to 
enstody of 
wnzd. 



iiemovalof 
ward from 
jurisdiction* 



Duties of 
guardian of 
property* 



Powers of 

testamentary 

goardian. 



S92 Ouardians and JFards. [1890 : Act Vttl. 

fCiap. IIL^^Dniies, RighU and Liabilities of Guardians. Sees. 2d^2B.) 

Ooverument or of Buch authority as that Government^ by notification in the 
official Oazette^^ appoiats in this behalf. 

Guardian of the Person^ 

24* A guardian of the person of a ward is charged with the custody of 
the ward and must look to his suppoi-t^ health aud edacatioUi and such other 
matters as the law to which the ward is subject requires. 

25* (i) H a ward leaves or is removed from the c